Standards for Hearing Aid-Compatible Handsets
| Published date | 04 May 2021 |
| Citation | 86 FR 23614 |
| Record Number | 2021-08973 |
| Section | Rules and Regulations |
| Court | Federal Communications Commission |
Federal Register, Volume 86 Issue 84 (Tuesday, May 4, 2021)
[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Rules and Regulations]
[Pages 23614-23629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08973]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 20, and 68
[WT Docket No. 20-3; FCC 21-28; FRS 17406; 23223]
Standards for Hearing Aid-Compatible Handsets
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(``Commission'') incorporates by reference into its wireless hearing
aid compatibility rules ANSI C63.19-2019 (2019 ANSI Standard) and ANSI/
TIA-5050-2018 (Volume Control Standard). These standards will be used
to evaluate the hearing aid compatibility of wireless handsets.
DATES:
Effective date: Effective June 3, 2021, except for amendatory
instruction 5 (Sec. 20.19(f), (h)(1), and (i)) which is delayed. We
will publish a document in the Federal Register announcing the
effective date for these revised provisions.
Incorporation by reference: The incorporation by reference of
certain standards into the Commission's wireless hearing aid
compatibility rules is approved by the Director of the Federal Register
as of June 3, 2021. The incorporation by reference of ANSI C63.19-2007
and ANSI C63.19-2011 were approved by the Director of the Federal
Register as of June 6, 2008 and August 16, 2012, respectively.
Compliance Date: The March 1, 2021 volume control requirement
deadline in Sec. 20.19(b)(1) and (f)(1)(ii) was suspended as of
February 16, 2021.
ADDRESSES: Federal Communications Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Eli Johnson, [email protected],
Competition & Infrastructure Policy Division, Wireless
Telecommunications Bureau, (202) 418-1395.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in WT Docket No. 20-3, FCC 21-28, adopted on February 16,
2021 and released on February 22, 2021. The full text of this document
is available for public inspection online at https://www.fcc.gov/edocs.
Documents will be available electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format,
etc.), and reasonable accommodations (accessible format documents, sign
language interpreters, CART, etc.) may be requested by sending an email
to [email protected] or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).
Incorporation by Reference
The Office of Federal Register (OFR) regulations require that
agencies must discuss in the preamble of a final rule the ways that the
materials incorporated by reference are reasonably available to
interested parties and that interested parties can obtain the
materials. In addition, OFR regulations require that the preamble of a
final rule summarize the material incorporated by reference. This
discussion summarizes and indicates the availability of the 2019 ANSI
Standard and the Volume Control Standard.
ANSI C63.19-2019 (2019 ANSI Standard) is officially known as:
Accredited Standards Committee C63[supreg]--Electromagnetic
Compatibility, American National Standard Methods of Measurement of
Compatibility Between Wireless Communications Devices and Hearing Aids
(approved August 19, 2019). It is an industry approved technical
standard for determining hearing aid compatibility between wireless
handsets and hearing aids. The standard is available for inspection at
the Federal Communications
[[Page 23615]]
Commission, 45 L Street NE, Reference Information Center, Room 1.150,
Washington, DC 20554, (202) 418-0270. The standard is also 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/.
ANSI/TIA-5050-2018 (Volume Control Standard) is officially known
as: Telecommunications--Communications Products--Receive Volume Control
Requirements for Wireless (Mobile) Devices (approved January 17, 2018).
It is an industry approved technical standard used to evaluate the
volume control capabilities of wireless handsets. The standard is
available for inspection at the Federal Communications Commission, 45 L
Street NE, Reference Information Center, Room 1.150, Washington, DC
20554, (202) 418-0270. The standard is also available for purchase from
Telecommunications Industry Association, 1320 North Courthouse Road,
Suite 200, Arlington, VA 22201, by calling (703) 907-7700, or by
visiting https://global.ihs.com/csf_home.cfm?&csf=TIA.
The Report and Order also references two additional standards: ANSI
C63.19-2007 and ANSI C63.19-2011. Like the 2019 ANSI Standard, these
standards are industry approved technical standards for determining
hearing aid compatibility between wireless handsets and hearing aids.
These two standards were previously incorporated by reference into the
Commission's rules and that use is unchanged. They are available from
the IEEE at IEEE Operations Center, 445 Hoes Lane, Piscataway, NJ
08854-4141, by calling (732) 981-0060, or going to https://standards.ieee.org/.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that an agency prepare a regulatory flexibility analysis for notice and
comment rulemakings, unless the agency certifies that ``the rule will
not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' Accordingly, the Commission
prepared a Final Regulatory Flexibility Analysis (FRFA) concerning the
possible impact of the rule changes contained in this Report and Order.
Paperwork Reduction Act
The requirements in revised Sec. 20.19(f), (h)(1), and (i)
constitute new or modified collections subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. They will be submitted
to the Office of Management and Budget (OMB) for review under section
3507(d) of the PRA. OMB, the general public, and other Federal agencies
will be invited to comment on the new information collection
requirements contained in this proceeding. This document will be
submitted to OMB for review under section 3507(d) of the PRA. In
addition, the Commission notes that, pursuant to the Small Business
Paperwork Relief Act of 2002, it previously sought, but did not
receive, specific comment on how the Commission might further reduce
the information collection burden for small business concerns with
fewer than 25 employees. The Commission describes impacts that might
affect small businesses, which includes more businesses with fewer than
25 employees, in the FRFA.
Congressional Review Act
The Commission has determined, and the Administrator of the Office
of Information and Regulatory Affairs, Office of Management and Budget,
concurs, that this rule is ``non-major'' under the Congressional Review
Act, 5 U.S.C. 804(2). The Commission will include a copy of this Report
and Order in a report sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
Synopsis
1. The Commission updates its wireless hearing aid compatibility
requirements to ensure that tens of millions of Americans with hearing
loss have access to the same types of technologically advanced handsets
as those without hearing loss.
2. Recently, a new ANSI standard (the 2019 ANSI Standard) was
developed through a voluntary, consensus-driven approach. The new
standard requires that the handset meet volume control specifications,
applies to a wider range of frequency bands and technologies, replaces
the current rating system with a more consumer-friendly approach, and
harmonizes testing methodologies with international standards.
3. The Commission's rules require both device manufacturers and
service providers to offer consumers a minimum number of wireless
handset models that meet specified technical standards for
compatibility with different types of hearing aids through acoustic
coupling and inductive coupling. Manufacturers and service providers
must offer a minimum number of compliant handset models for each ``air
interface'' based on the total number of handset models that they
offer. The Commission's rules currently require handset manufacturers
to ensure that at least 66% of their handset models are hearing aid-
compatible, with that minimum increasing to 85% on October 21, 2021.
Likewise, national wireless carriers are currently required to ensure
that at least 66% of their handset models are hearing aid-compatible,
with that minimum increasing to 85% on April 4, 2022. These
requirements for manufacturers and service providers are subject to a
de minimis exception. The Commission has stated that it will decide by
2024 whether to require that 100% of handsets be hearing aid-
compatible.
4. The Commission's rules also include a volume control
requirement, adopted in October 2017, which is designed to accommodate
all people with hearing loss, including those who do not use hearing
aids. Under the current rules, beginning on March 1, 2021,
manufacturers must ensure that all wireless handset models newly
submitted for hearing aid compatibility certification are ``equipped
with volume control that produces sound levels suitable for persons
with hearing loss (including persons with and without hearing aids).''
5. The Commission's hearing aid compatibility rules currently
incorporate a 2011 version of ANSI's hearing aid compatibility standard
(2011 ANSI Standard) to determine if a handset is hearing aid-
compatible. In September 2019, the Accredited Standards Committee
C63[supreg]-Electromagnetic Compatibility (ANSI Committee) asked the
Commission to incorporate the 2019 ANSI Standard into the Commission's
wireless hearing aid compatibility rules. The 2019 ANSI Standard makes
several significant revisions in the processes for determining the
compatibility between wireless handsets and hearing aids. Specifically,
the 2019 ANSI Standard requires that handsets meet volume control
specifications in order to be considered hearing aid-compatible under
that standard. In order to pass the volume control requirement, a
handset must meet a two-part test. The first part of the requirement
tests for conversational gain with a hearing aid, and the second part
of the requirement tests for conversational gain without a hearing aid.
To pass the first part of the requirement, a handset must have at least
6 dB of conversational gain with a hearing aid, and to pass the second
part of the requirement, a handset must have at least 18 dB of
conversational gain without a hearing aid. In addition, the 2019 ANSI
Standard addresses additional technologies and devices operating in a
wider frequency range of
[[Page 23616]]
614 MHz to 6 GHz, which now includes the 614-698 MHz band made
available for wireless use by the repacking of television broadcast
operations. Further, the 2019 ANSI Standard replaces the present
numerical M/T rating system with a set of requirements and thresholds
that determines compatibility. The 2019 ANSI Standard also reduces the
testing burden on handset manufacturers by allowing them to perform
certain simple tests first to determine compatibility with acoustic
coupling (which may eliminate the need to perform more time-consuming
tests); the new standard also reduces the testing burden on hearing aid
manufacturers by conforming testing protocols for hearing aids with
international standards. The ANSI Committee asserts that, 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.
6. In January 2020 (85 FR 13119, March 6, 2020), the Commission
released a notice of proposed rulemaking (NPRM or 2020 ANSI Standard
NPRM) proposing to adopt the 2019 ANSI Standard as the exclusive
testing standard for determining the compatibility of wireless handsets
and a two-year transition from the current 2011 ANSI Standard. The NPRM
also sought comment on whether to continue to maintain the exemption
from hearing aid compatibility requirements for those wireless handsets
operating with frequencies above 6 GHz. In addition, the Commission
proposed to extend the current deadline for implementing volume control
requirements so that it aligns with the date that the 2019 ANSI
Standard becomes the exclusive testing standard for hearing aid
compatibility. The NPRM also sought comment on updating the rules to
make changes related to implementing the 2019 ANSI Standard,
particularly with respect to labeling and disclosure and to remove
unnecessary or superseded rule provisions. The NPRM generally sought
comment on whether these proposals would improve the experience of
hearing aid users as well as reduce regulatory burdens for handset
manufacturers and service providers.
7. In this Report and Order, the Commission incorporates the 2019
ANSI Standard into its rules and makes it the exclusive testing
standard for determining hearing aid compatibility after a two-year
transition. In addition, the Commission extends the current volume
control deadline so that it coincides with the start of the exclusive
use of the 2019 ANSI Standard. Further, the Commission makes
corresponding implementation changes to its rules, and refines its
hearing aid compatibility labeling requirements. Finally, the
Commission removes past transition dates and benchmarks and make other
technical changes to the rules.
A. Codification of the 2019 ANSI Standard
8. As proposed in the NPRM, the Commission adopts the 2019 ANSI
Standard and the ANSI/TIA Volume Control Standard and incorporates the
new standards into the Commission's hearing aid compatibility rules by
reference as the exclusive technical standards for evaluating the
hearing aid compatibility of wireless handsets and volume control after
a two-year transition from the 2011 ANSI Standard. The Commission has
long recognized that its hearing aid compatibility rules should evolve
as revisions to the ANSI standards are developed over time. The
Commission has encouraged the ANSI Committee to work with relevant
stakeholders to review hearing aid compatibility issues periodically
and to determine whether improvements to the standard are warranted.
The Commission appreciates the work the ANSI Committee has undertaken
with respect to developing the 2019 ANSI Standard, and the Commission
incorporates the new standard into its rules by concluding, pursuant to
section 710 of the Communications Act, that compliance is necessary to
ensure reasonable access to telephone service by persons with impaired
hearing.
9. The new standard improves the measurement of potential hearing
aid interference and, as a result, improves the listening experience
for those who use hearing aids. Further, for the first time, the
standard incorporates a volume control requirement that will provide
significant benefits to persons with hearing loss, whether or not they
use hearing aids. In addition, the new standard covers new technologies
and devices and expands the covered frequency range from the current
frequency range of 698 MHz to 6 GHz to a new frequency range from 614
MHz to 6 GHz. This expanded frequency range means that handsets
operating in the frequencies assigned in the Commission's Broadcast
Incentive Auction can also be certified as hearing aid-compatible over
those frequencies. The new standard also eliminates the current
numerical M/T rating system, which hearing aid users found to be
confusing, and replaces it with a more consumer-friendly system. Under
this new system, a handset certified as hearing aid-compatible is
considered to operate at the equivalent of the M3/T3 levels or better
even though the new standard does not use the category rating system.
The ANSI committee eliminated the category rating system because
hearing aid users found it to be confusing. Under the new standard, a
handset is certified as hearing aid-compatible without an assigned
rating. Further, the new standard reduces testing burdens for wireless
handset manufacturers by allowing certain simple tests be done first to
determine compatibility with acoustic coupling, while maintaining an
exemption from radiofrequency testing for low power air interfaces.
Finally, the new standard also harmonizes with other international
hearing aid standards, which helps reduce regulatory burdens for
hearing aid manufacturers. Based on these enhancements to the ANSI
standard, the Commission finds that incorporating the 2019 ANSI
Standard into its rules is in the public interest.
10. The Commission notes that commenters broadly support
incorporation of the new standard into its rules. Consumer
organizations strongly support implementation of the 2019 ANSI
Standard. Industry organizations report that the new standard will
encourage competition and advance the public interest and applaud the
Commission for ensuring the availability of wireless handsets that will
meet the needs of individuals with hearing loss. Industry commenters
agree that adopting the new standard will simplify testing and
reporting requirements, which will benefit both consumers and
manufacturers.
11. Schmid and Partner Engineering AG (Schmid), a manufacturer of
hearing aid compatibility testing equipment, raises technical concerns
about certain testing requirements for measuring compatibility with
acoustic and inductive coupling under the new standard. Specifically,
regarding testing of acoustic coupling, Schmid argues that the 2019
ANSI Standard should not permit the use of D-Dot probes for measuring
radiofrequency emissions because such probes will lead to inconsistent
results, as compared to the use of isotropic probes manufactured by
Schmid. With regard to the testing of inductive coupling, Schmid argues
that the desired and ambient (noise) undesired T-Coil magnetic field
limits set forth in the 2019 ANSI Standard, which Schmid alleges are
more restrictive than the limits set forth in the 2011 ANSI Standard,
could lead to unclear testing results and increased testing burden and
costs.
12. As an initial matter, the Commission notes that both areas of
[[Page 23617]]
concern were discussed and addressed in the ANSI comment resolution
process to the satisfaction of the ANSI Committee, and, thereafter, the
committee voted to adopt the new standard. The 2019 ANSI Standard, as
with ANSI standards generally, was developed through a voluntary,
consensus-driven approach and is broadly supported by both industry and
consumer groups.
13. Regarding Schmid's specific concern that allowing D-Dot probes
to test acoustic coupling can create inconsistent results, the
Commission agrees with commenters that any such uncertainty does not
make the use of D-Dot probes unsuitable for testing. All measurements
are subject to a certain degree of uncertainty, and labs can factor
such uncertainties into their calculations to assess the overall
reliability of test results. PCTEST explains that some risks associated
with using D-Dot probes were mitigated through revisions to the
standard. Moreover, the use of D-Dot probes for testing of acoustic
coupling provides certain benefits relative to the use of isotropic
probes; in particular, the D-Dot probe is less expensive and more
widely available. Further, the Commission notes that the use of D-Dot
probes for testing of acoustic coupling is optional under the 2019 ANSI
standard, which means that labs can use isotropic probes if they
encounter an issue with D-Dot probes. Accordingly, the Commission
disagrees with Schmid that the D-Dot probe is unacceptable or that use
of isotropic probes should necessarily be preferred.
14. Regarding Schmid's concern about the standard's T-Coil magnetic
field limits for testing of inductive coupling, the Commission agrees
with commenters that the standard's T-Coil requirements are technically
sound as a result of years of study and collaboration. As PCTEST
explains, testing during the development of the standard established
that the standard's limits are both feasible for manufacturers and
tolerable for hearing aid users. Given that the record demonstrates
careful consideration of these limits during the ANSI process, the
Commission sees no reason for concern with adopting these limits, as
part of the 2019 ANSI Standard, into its rules.
15. Finally, with respect to Schmid's concerns about unclear test
results and testing burdens and costs, the Commission notes that the
new standard was developed over a period of years, subject to five
rounds of review, and approved and published by the ANSI Committee in
August 2019. The ANSI Committee considers the new standard ``a
significant advancement'' over prior versions and notes that a
``continuing goal [is] to keep the testing burden as low as possible
and still meet the needs of the standard and, more importantly, of
hearing aid wearers.'' Julstrom adds that ``the requirements laid out
in this revision are the result of years of study and collaboration and
have been thoroughly vetted.'' No other commenter raises concerns about
unclear test results or increased burdens and costs. Given this
proceeding's record and the years of study and collaboration that went
into developing the new standard, the Commission rejects Schmid's
concerns. The Commission also notes that, if testing labs request
clarification of testing procedures, the Commission's Office of
Engineering and Technology (OET) can provide guidance through the
issuance of Knowledge Database (KDB) publications.
16. Frequencies Above 6 GHz. Recognizing that the 2019 ANSI
Standard, like the 2011 ANSI Standard, does not address frequencies
above 6 GHz, the NPRM sought comment on whether hearing aid
compatibility testing was needed in higher frequencies. Higher
millimeter wave frequencies were not commonly used in mobile handsets
at the time that the 2019 ANSI Standard was being developed. However,
the NPRM sought comment on whether to continue to exempt handsets
operating in frequencies above 6 GHz from the statutory hearing aid
compatibility requirements. Based on the record, the Commission
declines to lift the exemption that currently excludes frequencies
above 6 GHz from hearing aid compatibility requirements.
17. Section 710 of the Communications Act of 1934, as amended,
exempts ``telephones used with public mobile services'' from the
hearing aid compatibility requirements, but it directs the Commission
to assess periodically the ``appropriateness of continuing in effect''
the exemption and to revoke or otherwise limit the exemption if certain
factors are met. The Commission must revoke or limit the exemption if
it determines that: (1) Such revocation or limitation is in the public
interest; (2) continuation of the exemption without such revocation or
limitation would have an adverse effect on individuals with hearing
loss; (3) compliance with the requirements adopted is technologically
feasible for the telephones to which the exemption applies; and (4)
compliance with the requirements adopted would not increase costs to
such an extent that the telephones to which the exemption applies could
not be successfully marketed. In conjunction with adopting the
Commission's initial requirements for hearing aid compatibility for
wireless handsets, the Commission revoked the statutory exemption as to
wireless handsets operating below 6 GHz; the Commission has not
addressed the exemption with respect to handsets operating on
frequencies above 6 GHz.
18. In the past, the Commission generally has relied on an ANSI
technical standard to demonstrate technological feasibility. These
standards are developed by interested parties--which may include
handset manufacturers, service providers, consumer groups, testing
bodies, and others--working together to reach a consensus standard that
the ANSI Committee presents to the Commission for incorporation into
its rules. The Commission has never developed its own technical
standard for testing for hearing aid compatibility or modified an
existing technical standard. Absent an applicable technical standard
that reflects a broad-based agreement as to its utility, soundness, and
practicality for implementation, the Commission declines to conclude
that compliance with hearing aid compatibility standards for
frequencies above 6 GHz is technically feasible or that lifting the
statutory exemption is in the public interest. Rather, the Commission
requests that the ANSI Committee work with all relevant stakeholders to
develop a new standard that addresses hearing aid compatibility in
frequencies above 6 GHz.
19. Most commenters addressing this issue agree that the Commission
should continue to exempt handset operations in frequencies above 6 GHz
from hearing aid compatibility requirements until the ANSI Committee
develops a new standard. For example, Samsung maintains that the
Commission should defer to the ANSI Committee and only should consider
lifting the exemption after ANSI issues a revised standard covering
frequencies above 6 GHz. Schmid, however, recommends that the
Commission include frequencies above 6 GHz for devices incorporating 5G
New Radio FR2 technology to evaluate hearing aid compatibility. Schmid
does not explain how the Commission should do so in the absence of a
standard that covers such frequencies but states that it is willing to
provide the Commission with more information on how it believes these
evaluations could be performed. Rather than developing a Commission-
derived technical standard for frequencies above 6 GHz, the Commission
will continue with its well-
[[Page 23618]]
established policy of allowing all relevant parties to work through the
ANSI process to develop a consensus-driven standard that the Commission
may consider for purposes of incorporating into its rules and
potentially lifting the current statutory exemption.
20. Certification of Handsets with Non-Covered Operations. As
proposed in the NPRM, the Commission will maintain Sec. 20.19(b)(3)(i)
of its rules, which provides that a handset model is considered hearing
aid-compatible if it is certified as hearing aid-compatible under an
applicable technical standard for all covered air interfaces and
frequency bands even though the handset may also allow operations on
air interfaces and frequency bands not covered by that technical
standard. CTIA supports this approach. Further, consistent with past
practice, if a handset model certified as hearing aid-compatible under
an outdated standard is later submitted for a Class II permissive
change, as defined by the Commission's rules, after the end of the
transition period that handset model would have to be updated and
recertified under the 2019 ANSI Standard.
B. Transition Period
21. Two-Year Transition Period. The Commission adopts the proposal
in the NPRM to make the 2019 ANSI Standard the exclusive testing
standard after a two-year transition period. The two-year phase-in
period for this new standard will begin on the effective date of the
final rule. After this two-year transition period expires, handset
manufacturers and service providers may only use the 2019 ANSI Standard
to certify new handset models as hearing aid-compatible. The Commission
previously has relied on a two-year transition period when
transitioning to new technical standards. The Commission finds that
using a two-year transition period again is in the public interest. A
two-year transition period appropriately balances the design,
engineering, and marketing requirements of manufacturers and service
providers with the needs of consumers with hearing loss.
22. During the two-year transition period, handset manufacturers
and service providers may use either the 2011 or the 2019 ANSI Standard
when certifying new handset models. This approach is consistent with
past practice, and it takes into consideration the typical handset
industry product development cycle. There already may be new handset
models in the design phase that are based on being certified under the
2011 ANSI Standard rather than the 2019 ANSI Standard. CTIA, PCTEST,
and Samsung support a two-year transition period for manufacturers
before requiring the exclusive use of the new testing standard.
Further, as Samsung and PCTEST state, a two-year transition period will
allow sufficient time for test labs and manufacturers to make the
upgrades necessary to comply with the new standard.
23. The Commission disagrees with CTIA's suggestion that service
providers should be given an additional year to transition to the new
testing standard. While CTIA supports a two-year transition period for
manufacturers, it argues that service providers need additional time to
conduct trials and otherwise to test on their networks those handsets
certified under the new standard. CTIA claims that these trials can
only begin after manufacturers design and test devices to the new
standard; therefore, it requests that the Commission allow service
providers an additional 12-month transition period beyond what the
Commission is adopting for device manufacturers. In support of its
position, CTIA draws an analogy to when the Commission imposes new
deployment benchmarks on handset manufacturers and service providers
that require them to increase the number of hearing aid-compatible
handset models that they offer for sale. CTIA, however, does not cite
any Commission precedent for granting service providers additional time
to meet a new ANSI standard.
24. Contrary to the situation in which the Commission imposes new
handset deployment benchmarks, the Commission is not requiring service
providers to offer a certain number of handsets certified under the new
ANSI standard and, therefore, there is no need to extend the service
provider transition period. Even though after the two-year transition
new handset models must be certified as hearing aid-compatible using
the new ANSI standard, service providers can continue offering handsets
certified under older ANSI standards to meet deployment benchmarks
until they are ready to offer handset models certified under the new
standard. Further, delaying the service provider transition period by
an additional year would delay consumers' receipt of the benefits of
the new testing standard, including the much-needed benefits of the new
wireless volume control standard. Accordingly, the Commission finds
that providing an additional year for service providers to transition
to the 2019 ANSI Standard is unnecessary and would not benefit
consumers.
25. Exclusive Use of a Standard. Consistent with the Commission's
long-established certification practice, manufacturers will 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. Once the transition period ends, new handset models can only be
certified using the 2019 ANSI Standard; these models must meet all
aspects of the standard, including the volume control requirements,
over all covered frequency bands to be considered hearing aid-
compatible.
26. 100% Finding. The Commission also finds that adopting a two-
year transition period does not require us at this time to adjust the
future timeframe for the Commission to consider whether to require 100%
of covered handsets to be hearing aid-compatible. In November 2015,
interested parties agreed to form an independent task force or
consensus group to provide for a process to move away from the current
fractional benchmark regime, with the ultimate goal of 100%
compatibility--subject to the Commission's assessment of whether such
100% compatibility is achievable. The task force's final report is
presently due by December 31, 2022, and the Commission has stated its
intent to make a final determination on whether 100% compatibility is
achievable by no later than 2024. In the NPRM, the Commission sought
comment on what effect the proposed transition period could have on the
2024 timeframe for it to consider whether to require 100% of covered
handsets to be hearing aid-compatible.
27. HIA argues that adoption of the new testing standard should not
be used to justify extending the pending 2024 finding. But CTIA and
Samsung assert that it is too soon in the transition to assess whether
the new standard will affect the Commission's ability to decide by 2024
whether 100% compatibility is achievable. CTIA further contends that
the Commission should not make this determination before receiving the
task force's recommendation. The Hearing Loss Association of America
(HLAA), while not taking a position with respect to extending the date
for the pending 100% finding, states that it ``strongly believe[s] that
one-hundred percent [hearing aid compatibility] offerings should
continue to be the goal.'' The Commission agrees that 100%
compatibility is the goal and that it is too early in the transition to
the new ANSI standard for us to determine whether an adjustment to the
100% achievability timeline is warranted. The Commission will continue
to monitor
[[Page 23619]]
the transition to the new ANSI standard. In the meantime, the
Commission declines to adjust the 2024 timeframe.
C. Extension of Volume Control Requirement
28. As proposed in the NPRM, the Commission extends the March 1,
2021 deadline in the Commission's volume control rule to align with the
start date for exclusive use of the 2019 ANSI Standard. The Commission
finds that, given the close proximity of the current volume control
deadline, the extension will provide manufacturers additional time to
make the handset model design changes needed to meet the volume control
requirements. We find good cause to suspend the March 1, 2021, volume
control deadline immediately upon adoption of this Report and Order. We
take this action to ensure handset manufacturers will not need to
comply with this deadline in the event that the rule change's
publication in the Federal Register does not occur soon enough in time
for the amendment to become effective before the March 1, 2021
deadline. The 2019 ANSI Standard is the first wireless testing standard
to implement a volume control requirement, and the record shows that
the pending March 1, 2021 deadline does not allow manufacturers
sufficient time to implement the volume control requirement that is
part of the new ANSI standard. CTIA and Samsung support aligning the
volume control deadline with the exclusive use deadline for the new
standard. The Commission did not receive comments objecting to this
approach.
29. Accordingly, beginning on the date that the 2019 ANSI Standard
becomes the exclusive testing standard, all wireless handset models
submitted for hearing aid compatibility certification must meet the
2019 ANSI Standard's volume control requirement (as well as the other
parts of this standard) in order to be certified as hearing aid-
compatible. Handsets submitted for certification under the 2019 ANSI
Standard during the two-year transition period similarly must meet the
volume control requirement and all other requirements of that standard.
The Commission notes, however, that handsets submitted for
certification under the 2011 ANSI standard during the transition period
will not need to provide volume control capability.
D. Meeting Deployment Benchmarks
30. Consistent with past Commission practice, the Commission adopts
its proposal to allow manufacturers and service providers to meet
deployment benchmark requirements by counting handset models certified
under the 2019 ANSI Standard or earlier versions of the standard (i.e.,
the 2007 and 2011 versions of the standard) as long as these models are
still being offered for sale. If the handset model at issue is still
being offered for sale and has been certified as hearing aid-compatible
under an applicable ANSI standard, then handset manufacturers and
service providers can count that handset for deployment purposes. The
decision is consistent with the Commission's standard practice when
transitioning to a new or revised technical standard. With respect to
the 2019 ANSI Standard, for the handset to be certified as 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. CTIA, PCTEST,
and Samsung support this approach, and no commenter opposed this
proposal.
31. As more and more handset models become certified under the 2019
ANSI Standard, the Commission expects that handset manufacturers and
service providers will replace handset models in their portfolios
certified under older versions of the ANSI standard with models
certified under the new standard. Handset manufacturers and service
providers are required to ensure that 66% of the handset models they
offer are hearing aid-compatible, and the Commission anticipates that
handsets meeting the 2019 ANSI Standard will be readily available by
the end of the transition period. Further, the Commission agrees with
commenters that re-testing existing handset models for certification
under the 2019 ANSI Standard could be burdensome and redundant. In
addition, if the Commission were to deviate from the precedent of
grandfathering existing handset models for benchmark purposes, some
handset manufacturers and service providers might be pressed to meet
the new deployment benchmarks. The Commission declines to jeopardize
compliance with the existing and upcoming deployment benchmarks, which
also might deter the offering of older hearing aid-compatible handset
models to consumers, particularly in the absence of record evidence
from consumers advocating that the Commission act in a different
manner. For these reasons, the Commission finds it in the public
interest to allow handset manufacturers and service providers to meet
deployment benchmarks using all handset models certified as hearing
aid-compatible as long as these handsets are still offered for sale.
E. Labeling Requirements
32. Consistent with the Congressional directive to ensure that
consumers have sufficient information to make informed purchasing
decisions when selecting hearing aid-compatible handsets, and in light
of the Commission's adoption of the 2019 ANSI Standard and
establishment of a transition period, the Commission revises the
labeling and disclosure requirements in its rule to make them more
informative, consumer-friendly, and less burdensome. Specifically, the
Commission revises the organization of Sec. 20.19(f) of its rules to
include a part that addresses package labeling requirements and a part
that addresses requirements for package inserts and user manuals. Each
part includes requirements for the placement and content of information
related to the hearing aid compatibility or volume control capability
of wireless handsets, relevant to handsets certified under the 2019
ANSI Standard or an earlier version of the ANSI standard. These
requirements generally are consistent with the proposals in the NPRM,
except that the Commission modifies its volume control labeling
proposal to require that the conversational gain of the handset both
with and without a hearing aid be placed on the handset's package
label. Further, the Commission elaborates on the explanations that must
be included in a hearing aid-compatible handset's package insert or
user manual.
33. The Commission's current labeling rule is composed of four
parts that address what information has to be included on a hearing
aid-compatible handset's package label and what other information must
be provided to consumers in other formats. The NPRM proposed to
reorganize the current labeling rule into three parts rather than four
parts. After reviewing the record, the Commission determines that
organizing the rule into two parts is more in keeping with its goal of
streamlining the rule and making it easier to follow. The Commission
finds that this reorganization and the revisions to its labeling rule
are in the public interest and consistent with the Commission's
Congressional directive to ensure that consumers have sufficient
information to make informed purchasing decisions when selecting
hearing aid-compatible handsets. The revisions allow consumers to
easily compare the different functions of hearing aid-compatible
handsets when purchasing a new handset, and they allow handset
manufacturers and
[[Page 23620]]
service providers flexibility in designing their own package labels and
conveying supplemental information. Commenters uniformly support the
Commission's proposal to streamline and modernize the labeling rule and
to make labels, package inserts, and user manuals more informative,
consumer-friendly, and less burdensome. The Commission addresses each
of these requirements in turn below.
34. Package Label. Consistent with the NPRM, the Commission
modifies Sec. 20.19(f)(1)(i) and (ii) to require a hearing aid-
compatible handset's package label to expressly state that the handset
is hearing aid-compatible and to quantify the handset's volume control
capability if the handset is certified using the 2019 ANSI Standard.
These requirements ensure that the most pertinent consumer information
is placed on the handset's package label. Consumers will be able to
quickly ascertain whether a handset is hearing aid-compatible and to
identify the handset's volume control capabilities if it is certified
using the 2019 ANSI Standard. Consumers who are interested in more
detailed information about a handset's capabilities will be able to
find this additional information in the user manual or package insert.
35. Section 20.19(f)(1)(i) of the Commission's current rule
requires handset manufacturers and service providers to ensure that the
package label for hearing aid-compatible handsets identifies the
handset as hearing aid-compatible by displaying the handset's ANSI
rating. We decline to adopt one commenter's request to change the term
``hearing aid-compatible'' to ``telecoil'' or ``T-Coil'' in our rule.
Such a change is unnecessary and may cause further confusion by
specifying a single technology. Our use of ``hearing aids'' or
``hearing aid users'' refers to ``cochlear implants'' or ``users of
cochlear implants.'' The Commission's revised rule maintains the
requirement that handset manufacturers and service providers identify
hearing aid-compatible handsets by requiring the package label to state
that the handset is hearing aid-compatible. As proposed in the NPRM,
the Commission moves the required disclosure of the ANSI rating from
the package label to the package insert or user manual. The Commission
makes this change in recognition of the fact that the 2019 ANSI
Standard does not use the numerical M/T rating system of older
standards. Under the new standard, a handset is assessed as either
hearing aid-compatible or not without receiving a numerical rating.
Accordingly, the numerical ratings will become less relevant to
consumers after the transition period. Further, consumers may not
realize that a handset labeled as hearing aid-compatible but without a
rating has actually been certified under a more recent testing standard
that may provide a better listening experience than a handset with an
M/T rating. The ANSI Committee eliminated the numerical M/T rating
system to make purchasing a hearing aid-compatible handset more
consumer friendly. Finally, handset manufacturers and service providers
will be phasing-out handsets that have M/T ratings. The Commission did
not receive any comments objecting to this approach. For these reasons,
the Commission finds it is in the public interest to move the rating
labeling requirement from the package label to the package insert or
user manual. Consistent with our current rule, we will continue to
require that the ANSI rating that is included in the package insert or
user manual be the lowest rating the handset achieves if it has
different ratings over its air interfaces or frequency bands.
36. Consistent with the Commission's proposal in the NPRM, it also
requires a handset's package label to include the handset's volume
control capabilities when the handset has been certified using the 2019
ANSI Standard. Because the 2019 ANSI Standard articulates certain
details that are not reflected in the Commission's current volume
control label requirement adopted in 2017, certain commenters have
asked for clarification of the current volume control label
requirement. Specifically, Sec. 20.19(f)(1)(ii) states that, if a
``handset has been certified as compliant with a technical standard
that specifies acceptable numerical metrics or qualitative ratings for
handset volume control, the labeling shall include the relevant volume
control metrics or ratings.'' Samsung asks the Commission to clarify
that a handset is compliant with the volume control label requirement
if the label states that it ``provides over 6 dB of conversational
gain.'' PCTEST states that, although it understands the benefits of
Samsung's proposal, it would be better for consumers if the Commission
required package labels to list the actual amount of conversational
gain.
37. The Commission modifies its existing volume control label rule
by removing the language regarding metrics and qualitative rating and
replacing it with actual conversational gain testing results. The
volume control standard that the Commission incorporates into its rules
tests for volume control using a conversational gain standard that must
be met both with and without hearing aids. Accordingly, the Commission
requires handset manufacturers and service providers to include on a
hearing aid-compatible handset's package label the handset's actual
conversational gain both with and without hearing aids if the handset
is certified using the 2019 ANSI Standard. Consistent with Sec.
20.19(f)(1)(ii), in cases where the actual conversational gain with a
hearing aid differs depending on the air interfaces or frequency band
being used, the package label should include the lowest actual
conversational gain with a hearing aid. Having the actual
conversational gain both with and without hearing aids on the package
label will benefit consumers who use hearing aids and those who do not
use hearing aids but have hearing loss.
38. Package Inserts and User Manuals. Consistent with the
Commission's labeling proposal, the Commission requires handset
manufacturers and service providers to include the following
information in package inserts or user manuals for hearing aid-
compatible handsets: (1) That the handset is hearing aid-compatible;
(2) the ANSI standard used to determine the hearing aid compatibility
of the handset model's air interfaces and frequency bands; (3) if using
the 2011 ANSI Standard or an earlier version of the standard, the
lowest hearing aid compatibility rating assigned to any of the covered
air interfaces or frequency bands; (4) the air interfaces or frequency
bands on handsets that are not certified to be hearing aid-compatible,
if applicable, or have been determined to be hearing aid-compatible
under special testing circumstances; and (5) if a handset model was not
certified as hearing aid-compatible over all of its air interfaces or
frequency bands, a prescribed disclosure notifying consumers of this
fact and that they should test the handset thoroughly and in different
locations. In addition, consistent with the Commission's current
labeling rule, package inserts and user manuals for hearing aid-
compatible handsets must include an explanation of the ANSI rating
system as well as an explanation of a handset's volume control
capabilities. Further, if an air interface has been determined to be
hearing aid-compatible under special testing circumstances, the package
insert or user manual must disclose this information to consumers and
explain how this affects the use and operation of the handset.
39. Further, consistent with the Commission's proposal, it requires
package inserts and user manuals to
[[Page 23621]]
disclose if a handset model has been certified as hearing aid-
compatible over some of its air interfaces or frequency bands but not
over all of its air interfaces or frequency bands; in such
circumstances, the Commission requires that the prescribed disclosure
language currently in its rule continues to be used. Also, consistent
with the Commission's proposal, it requires that package inserts and
user manuals disclose if a handset has been certified as hearing aid-
compatible under special testing circumstances. The Commission's
current rule does not prescribe specific disclosure language relating
to special testing circumstances and the Commission did not propose any
specific language in the NPRM to be used in these circumstances. In the
case of one specific instance, however, the Commission's current rule
does require that special testing circumstance be disclosed to
consumers and that the disclosure explain the impact of these special
testing circumstances on the use of the handset. While the Commission's
current rule gives handset manufacturers and service providers the
discretion to provide the above disclosures to consumers through clear
and effective means such as the use of call-out cards or other media,
revisions to packaging materials, or supplying of information on
websites, the Commission now requires that manufacturers and service
providers include this information in package inserts or user manuals.
40. The Commission disagrees with comments suggesting that it
should relax the above disclosure requirements and allow handset
manufacturers and service providers leeway to modify the prescribed
disclosure language related to handsets that are not hearing aid-
compatible over all of their air interfaces and frequency bands and to
determine when and how this language is included. The prescribed
disclosure language currently in the Commission's rule has been a part
of its hearing aid compatibility labeling rule since 2010 and has
worked well to ensure that consumers receive valuable information. It
allows consumers to educate themselves about the functions and
capabilities of hearing aid-compatible handsets and to compare handset
models. Further, it protects consumers by using uniform language that
is consistent among manufacturers and service providers, and it
guarantees notice to consumers to test the handset thoroughly before
purchasing it. For instance, this requirement would benefit consumers
who are interested in a hearing aid-compatible handset that includes
non-certified air interfaces operating in frequencies above 6 GHz. In
this example, handset manufacturers and service providers must include
the required disclosure language in order to make sure that consumers
are aware that some of the handset's operations are not certified as
hearing aid-compatible under an applicable ANSI standard. The
Commission also finds that it is in the public interest for handset
manufacturers and service providers to inform consumers when a handset
model has been certified as hearing aid-compatible under special
testing circumstances and what impact these special testing
circumstances have on the use of the handset.
41. The Commission finds that the information that it is requiring
to be included in package inserts and user manuals is not too granular,
as some commenters argue, and that this information serves a useful
purpose. CTIA and Samsung urge the Commission to give manufacturers and
service providers more flexibility in the methods used to convey
information on a handset's hearing aid compatibility and volume control
capabilities, including providing this information online rather than
in the packaging insert or user manual. The Commission agrees with
HLAA, however, that consumers may not necessarily visit service
provider websites before going to a service provider's store and
purchasing a hearing aid-compatible handset. Therefore, the Commission
requires that package inserts and user manuals be provided with hearing
aid compatible handsets that include the information outlined above and
that this information not just be provided online. By requiring the
above information to be included in package inserts and user manuals,
the Commission ensures that consumers have access to this material.
Handset manufacturers and service providers are also free to provide
this information on their publicly accessible websites, and we believe
that doing so will benefit consumers by giving them another way to
locate information about hearing aid-compatible handsets.
42. The Commission's current rule requires that package inserts and
user manuals provide an explanation of the ANSI and volume control
rating systems. The Commission finds it in the public interest to
continue these requirements. Further, the Commission agrees with HLAA
that package inserts and user manuals should explain the old ANSI
rating system and the transition to the new system. Given the
transition from the M/T rating system, the Commission finds that this
information will be helpful to consumers as they educate themselves on
the differences between hearing aid-compatible handsets. Likewise, an
explanation of a handset's volume control capabilities will also be
helpful to consumers as they make purchasing decisions.
43. Finally, the Commission declines to adopt call-out card
requirements that would require handset manufacturers and service
providers to post certain information about their hearing aid-
compatible handsets on display in their stores. HLAA asserts that the
Commission's labeling requirement should require the use of call-out
cards at the point of sale indicating whether a handset is hearing aid-
compatible. CTIA urges the Commission not to impose additional labeling
requirements on manufacturers and service providers, including the
imposition of in-store printed material requirements. The Commission's
current labeling rule does not require the use of call-out cards, and
the Commission did not propose to require the use of call-out cards.
The Commission declines to further increase the labeling burden on
manufacturers and service providers.
F. Service Provider In-Store Testing Requirement
44. The NPRM sought comment on whether the Commission should retain
Sec. 20.19(d)(4)(i), which requires service providers to make handsets
available to consumers for in-store testing. Specifically, this section
provides that ``[e]ach service provider must make available for
consumers to test, in each retail store owned or operated by the
provider, all of its handset models that [it offers that are hearing
aid-compatible].'' HIA and HLAA urge the Commission to maintain this
requirement and the Commission did not receive any comments objecting
to it maintaining this requirement. The Commission agrees with HIA and
HLAA that it is in the public interest to maintain the service provider
in-store testing requirement. Live in-store testing permits consumers
to undertake a preliminary, but important, evaluation of the volume and
interference levels of a given handset and minimizes the ``hassle''
associated with returning the handset at a later time. Further, this
requirement is consistent with the Commission's mandatory disclosure
language that encourages consumers to test handsets before making a
purchase. Finally, preserving this requirement may allow consumers to
avoid a restocking fee. The Commission finds that keeping the service
provider in-store testing requirement in place ensures that those with
hearing loss
[[Page 23622]]
have a meaningful opportunity and sufficient time to identify and
become comfortable with a handset before purchasing it.
G. Other Rule Changes and Removing Outdated Rules
45. Diverse Handset Offerings. The Commission adopts the
Commission's proposal to eliminate the ``refresh'' and ``differing
levels of functionality'' requirements set forth in Sec.
20.19(c)(1)(ii), (c)(4)(ii), and (d)(4)(ii), which require handset
manufacturers and service providers to update their selection of
hearing aid-compatible handsets periodically. Under the ``differing
levels of functionality'' and ``refresh'' rules, manufacturers and
service providers must offer hearing aid-compatible handsets that
contain the same range of features and functions contained in handsets
offered to hearing people. This rule was adopted to ensure that people
with hearing loss have similar choices in types of handsets as
consumers without hearing loss. The Commission's current benchmark
deployment rules, however, render these rules unnecessary, and the
Commission eliminates these requirements from its rules, including the
requirement that service providers make available on their websites
information about the ``differing levels of functionality'' of each
handset they offer. The Commission's current deployment benchmarks
require 66% of handsets to be hearing aid-compatible and, in the near
future, will require 85% of all handsets to be hearing aid-compatible.
The Commission's deployment benchmarks ensure that consumers with
hearing loss have robust choices in hearing aid-compatible handsets.
CTIA and Samsung agree that these requirements are no longer necessary
given the large number of hearing aid-compatible handsets on the
market.
46. HLAA warns that eliminating these requirements could reduce the
incentives for manufacturers and service providers to offer new hearing
aid-compatible handsets; it asserts that these requirements should stay
in place until service providers are required to offer 100% hearing
aid-compatible handsets. The Commission finds, however, that its
deployment benchmarks will ensure that manufacturers and service
providers continue to have incentives to offer hearing aid-compatible
handsets. The Commission adopted the ``refresh'' and ``differing levels
of functionality'' requirements at a time when its deployment
benchmarks were much lower. At that time, there was a need to ensure
handset manufacturers and service providers met their deployment
benchmarks using a diverse mixture of handsets rather than relying
exclusively on entry level or top-of-the line offerings. The
Commission's current deployment benchmarks have eliminated this
concern. In fact, handset manufacturer compliance reports show that
more than 89% of the new handset models manufacturers offered between
August 1, 2019 and June 30, 2020 are hearing-aid compatible. Some
manufacturers, such as Samsung, ensure that all of their handsets are
hearing aid-compatible. Given these facts, the Commission eliminates
the ``refresh'' and ``differing levels of functionality'' requirements
in Sec. 20.19(c)(1)(ii), (c)(4)(ii), and (d)(4)(ii) because they no
longer serve their intended purpose.
47. Certification and Reporting Dates. The Commission adopts its
proposal to revise the date by which service providers must file
certifications of compliance with the Commission's hearing aid
compatibility provisions and the date that manufacturers must file
compliance reports pursuant to Sec. 20.19(i)(1). Presently, service
providers must file a short form certifying that they are in compliance
with the Commission's hearing aid compatibility provisions by January
15 each year, and handset manufacturers must file a longer form showing
compliance with these provisions by July 15 each year. The filing
window for the certifications and reports opens 30 days prior to the
filing deadline. The Commission uses these certifications and reports
as the primary method of ensuring that handset manufacturers and
service providers are complying with the Commission's hearing aid
compatibility rules.
48. Section 20.19(i)(1) requires that each certification and report
must be up-to-date as of the last day of the calendar month preceding
the due date of each certification or report. To ensure that service
providers' certifications and handset manufacturers' reports meet this
requirement, the Commission moves the service provider certification
due date from January 15 to January 31 each year and the handset
manufacturer report due date from July 15 to July 31 each year. If
January 31 or July 31 fall on a weekend, the due date for the
certification or report will be the first business day immediately
following the weekend. These revised filing deadlines mean that the
filing window for service providers will open the first business day in
January and the filing window for manufacturers will open the first
business day in July. This change will ensure that the certifications
and reports are up-to-date as of the last day of the calendar month
preceding the due date of each report and certification. In addition to
moving the compliance filing dates, we also change the compliance
filing requirement for manufacturers to read that they ``shall submit
Form 655 reports on compliance with the requirements of this section .
. . .'' Currently, this requirement reads that they ``shall submit
[Form 655] reports on efforts toward compliance with the requirements
of this section . . . .'' 47 CFR 20.19(i)(1) (emphasis added). This
change matches the language used for service providers and the
``efforts toward'' compliance language is unnecessary in that ``reports
on compliance'' necessarily includes ``efforts toward compliance.''
This change also takes into consideration the national holidays at the
beginning of January and July. CTIA and Samsung support these changes,
and no commenter opposed these revisions.
49. Removal of Outdated Rules. The Commission adopts its proposal
to remove from the hearing aid compatibility rules past transition
dates and outdated benchmarks, and to correct clerical errors in the
rules. These modifications to the hearing aid compatibility provisions
will simplify the rules and make them easier to read and understand.
CTIA and Samsung support these changes and no commenter opposed these
revisions.
50. Section 68.300. The Commission also adopts its proposal to make
a technical correction to Sec. 68.300 of the Commission's rules that
addresses hearing aid-compatible labeling requirements for wireline
telephones. This correction restores a definition that was erroneously
deleted from prior versions of the rule. No one filed comments on this
proposed correction. 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,
it appears that a definition of the term ``permanently affixed,'' which
is relevant to the labeling requirement, was inadvertently deleted. To
address this technical error, the Commission amends Sec. 68.300(b) to
include the same definition currently provided in Sec. 68.502(a) for
``permanently fixed.''
51. 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
[[Page 23623]]
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. The Commission also deletes from Sec. 68.300 the
stated compliance date of April 1, 1997, given the length of time that
has passed since that date and given that no one commented on this
proposed deletion.
Final Regulatory Flexibility Analysis
52. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the 2020 ANSI Standard NPRM released in January 2020.
The Commission sought written public comment on the proposals in the
2020 ANSI Standard NPRM, including comments on the IRFA. The Commission
did not receive comments specifically directed as a response to the
IRFA. This present Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA.
Need for, and Objectives of, the Report and Order
53. In the Report and Order, the Commission incorporates the 2019
ANSI Standard as the exclusive technical standard for evaluating the
hearing aid compatibility of wireless handsets. In addition to
including a volume control standard as part of the new standard, the
2019 ANSI Standard requires testing that will improve a hearing aid
user's experience, including those who use cochlear implants. The new
standard addresses new technologies and devices operating in the
frequency range of 614 MHz to 6 GHz, harmonizes testing methodologies
with international standards, and uses a simple set of requirements and
thresholds rather than the M/T rating system used by the 2011 ANSI
Standard to determine hearing aid compatibility. The Commission
anticipates that using the 2019 ANSI Standard to determine whether a
handset is hearing aid-compatible for purposes of the Commission's
rules will serve the public interest by establishing standards for new
devices and operations over additional frequency bands. New testing
methodologies in the 2019 ANSI Standard should also improve the
measurement of potential hearing aid interference. The new standard no
longer uses the M/T category system, achieves harmonization with other
hearing aid standards, and changes several testing procedures meant to
improve the consumer experience and reduce testing burdens.
54. The Report and Order adopts a two-year transition period for
manufacturers and service providers before requiring the exclusive use
of the new standard and aligns the volume control implementation
deadline with the end of this two-year transition. The Report and Order
allows manufacturers and service providers to continue to meet
deployment benchmarks with any handset certified as hearing aid-
compatible, regardless of the ANSI standard that was used for
certification purposes. Consistent with the hearing aid-compatibility
rule that was in effect prior to adoption of the Report and Order, the
new rules: (i) Require that a handset's package label indicate that the
phone is hearing aid compatibility compliant and must provide the
handset's amplification capability if the handset is certified using
the 2019 ANSI Standard, including actual conversational gain both with
and without hearing aids if the handset is certified using the 2019
ANSI Standard and the handset's volume control capabilities when the
handset has been certified using the 2019 ANSI Standard; (ii) require
that the user manual or package insert display the handset's ANSI
rating and include information explaining the change in the hearing
aid-compatibility rating system under the new standard; and (iii)
include a prescribed disclosure when a handset meets hearing aid
compatibility standards on some of its air interfaces, but not on all
of its air interfaces. The Report and Order also maintains the in-store
testing requirement applicable to service providers so that those with
hearing loss have an opportunity to become comfortable with a handset
before purchasing it.
55. Finally, the Report and Order streamlines the wireless hearing
aid compatibility rules by eliminating unnecessary and outdated
provisions. For example, the Report and Order simplifies the labeling
rules to remove the ``refresh'' and ``differing levels of
functionality'' requirements and to delete references to implementation
dates and benchmarks that have passed. Eliminating these references
will simplify the rules and make them easier to read and understand.
The Report and Order also aligns the definition of ``permanently
affixed'' to ensure that hearing aid compatibility labeling
requirements are consistent for both PSTN telephones and telephonic
customer premises equipment used for advanced communications services.
Additionally, the Report and Order moves the compliance filing
deadlines from January 15 to January 31 for service providers and from
July 15 to July 31 for manufacturers.
Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
56. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA) and to provide a detailed statement of any change made to the
proposed rules as a result of those comments.
57. The Chief Counsel did not file comments in response to the
proposed rules in this proceeding.
List of Small Entities to Which the Rules Will Apply
58. The rules adopted in this document will affect the following
types of small entities:
Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing.
Part 15 Handset Manufacturers.
Wireless Telecommunications Carriers (except Satellite).
Wireless Resellers.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
59. The rule changes adopted in the Report and Order may impose
some new reporting, recordkeeping, or other compliance requirements on
some small entities. The Report and Order adopts the 2019 ANSI Standard
as the exclusive technical standard for evaluating if a wireless
handset is hearing aid-compatible under the Commission's rules. The new
standard reduces the testing burden, uses a simple set of limits rather
than the M/T category system for handsets as well as hearing aids,
achieves harmonization with other hearing aid standards, and makes some
additional test procedure-related changes to improve the consumer
experience.
60. The Report and Order replaces the 2011 ANSI Standard with the
2019 ANSI Standard after a two-year transition period. During the
transition period, handset models meeting either the 2011 ANSI Standard
or 2019 ANSI Standard will continue to be certified as hearing aid-
compatible by handset manufacturers and service providers under the
Commission's rules. Certifications issued before and within the
transition period, including certifications under the 2011 ANSI
Standard and any earlier versions of ANSI C63.19, will remain hearing
aid-compatible. As a result, manufacturers will not need to retest or
recertify existing handset models as hearing aid-compatible. The Report
and Order also
[[Page 23624]]
harmonizes the deadline for exclusive use of the new standard with the
March 1, 2021 volume control deadline required by the Commission's
current rules.
61. The adoption of the 2019 ANSI Standard for wireless handsets
and elimination of the currently applicable standard after a transition
period will alter the compliance obligations of wireless handset
manufacturers and service providers that are small entities, as well as
all other wireless handset manufacturers and service providers, by
requiring them to use a different method for testing and evaluating
wireless handset compliance, including with a new volume control
requirement.
62. The 2019 ANSI Standard applies to wireless handsets in a wider
frequency range--from 614 MHz to 6 GHz--as compared to the 2011 ANSI
Standard's frequency range of 698 MHz to 6 GHz. The Report and Order
states that a handset operating only in the ranges specified in the
standard would need to satisfy the standard for all frequency bands and
air interfaces over which it operates. Because the hearing aid
compatibility rules (e.g., labeling and certification) apply to
handsets certified under the new standard using the new frequency range
(except as specified in the de minimis exception), small entities that
did not previously have to comply with the requirements may be subject
to new obligations.
63. Before adoption of the Report and Order, subject to a de
minimis exception, handset manufacturers and service providers were
required to offer a minimum number of hearing aid-compatible handsets
for each covered air interface over which its models operate. Depending
on the type and size of an entity and the point in time, manufacturers
and providers must ensure that either 66% or 85% of their handset
models are hearing aid-compatible. Under the rules adopted by the
Report and Order, manufacturers and service providers may meet their
requirement to offer minimum numbers of hearing aid-compatible handsets
with handsets certified under either the 2019 or 2011 ANSI Standards,
or an earlier standard. Consequently, small entities will not have to
recertify existing handsets and incur additional compliance costs.
64. The Report and Order simplifies the current labeling
requirements so that consumers will have the information that they need
in order to easily understand and evaluate the hearing aid
compatibility of a particular handset. Handset manufacturers and
service providers are able to design their own package labels and
provide supplemental information in a way that best meets their needs.
For hearing aid-compatible handsets, the handset's package label must
state that the handset is hearing aid-compatible and must provide the
handset's amplification capability if the handset is certified using
the 2019 ANSI Standard. The Report and Order also requires handset
manufacturers and service providers to include in package inserts or
user manuals more detailed information about the hearing aid
compatibility of the handset, including information about the ANSI
standard used, an explanation of the ANSI rating system, and an
explanation of a handset's volume control amplification capabilities.
65. The Report and Order maintains the current in-store testing
obligation applicable to service providers so that those with hearing
loss have an opportunity to become comfortable with a handset before
purchasing it.
66. The Report and Order also revises Sec. 20.19(c) to delete the
``refresh'' and ``differing levels of functionality'' requirements,
which require manufacturers to refresh the hearing aid-compatible
handset models they offer each year and require service providers to
offer a range of hearing aid-compatible handset models with differing
levels of functionality, respectively. The Commission's current
deployment benchmarks require 66% of handsets to be hearing aid-
compatible and, in the near future, will require 85% of all handsets to
be hearing aid-compatible. The Commission's deployment benchmarks
ensure that consumers have robust choices among hearing aid-compatible
handsets and confirm that its decision to eliminate the ``refresh'' and
``differing levels of functionality'' requirements will not adversely
affect consumers. Removing unnecessary provisions such as these could
streamline compliance requirements, which could reduce the cost of
compliance for small entities.
67. 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 is also
revised in Report and Order. Prior to adoption of the Report and Order,
service provider certifications were due January 15 each year and
manufacturer reports were due July 15 each year. The Report and Order
moves these dates to January 31 and July 31, respectively, to 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.
68. Small entities may be required to hire attorneys, engineers,
consultants, or other professionals to comply with the rule changes
adopted in the Report and Order. The Commission does not believe,
however, that the costs and/or administrative burdens associated with
any of the rule changes will unduly burden small entities because the
adopted 2019 ANSI Standard for evaluating the hearing aid compatibility
of wireless handsets was developed in collaboration with the industry
through a voluntary, consensus-driven approach and is broadly supported
by the industry, and expanding the frequency bands covered by the
standard and replacing the current rating system will reduce regulatory
burdens for handset manufacturers and service providers. While the
Commission cannot quantify the cost of compliance with the rule changes
and compliance obligations adopted in the Report and Order, in the 2020
ANSI Standard NPRM the Commission requested cost and benefit analyses
from the parties in the proceeding to help it identify and evaluate
compliance costs and burdens for small entities that may result from
the proposed rules and the matters on which the Commission requested
comments. The Commission did not receive any comments, cost data or
analyses on the impact of the rules and other matters on small
entities.
Significant Alternatives Considered
69. Regarding the alternatives the Commission considered in
adopting the final rules, the Commission notes that it declined to
modify the 2019 ANSI Standard as requested by Schmid and Partner
Engineering AG (Schmid). The record indicated that the Schmid requests
were already considered and mitigated in 2019 ANSI standards the
Commission adopted. The Commission also declined to lift the statutory
exemption that currently excludes frequencies above 6 GHz from hearing
aid compatibility requirements, choosing instead to allow the ANSI
Committee, in coordination with relevant industry participants, to
develop a consensus-driven standard for these frequencies that the
Commission can incorporate into its rules when the new standard is
available. In addition, the Commission declined to add a call-out card
requirement to its labeling requirement as suggested by the Hearing
Loss Association of America (HLAA). The addition of such a requirement
would have mandated the use of call-out cards at the point of sale
indicating whether a handset is hearing aid-
[[Page 23625]]
compatible which would have increased the economic costs of compliance
with the Commission's labeling requirements for small entities and
other handset manufacturers and service providers, and it declined to
do so.
70. In the Report and Order the Commission sought to balance the
potential economic impact and burdens that small entity manufacturers
and service providers might face in light of the new 2019 ANSI Standard
with the need to ensure that Americans with hearing loss can access a
wide array of handsets with emerging technologies in the same manner as
those without hearing loss. The Commission believes its actions in the
Report and Order accomplish this objective.
Ordering Clauses
71. 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 Report and Order is hereby adopted.
72. It is further ordered that the March 1, 2021 deadline included
within Sec. 20.19(b)(1) and (f)(1)(ii) is suspended, effective upon
adoption of this Report and Order.
73. It is further ordered that the revisions to part 20 of the
Commission's rules, 47 CFR part 20, as set forth in the Final Rules are
adopted, effective thirty days from the date of publication in the
Federal Register, except that the amendments to Sec. 20.19(f), (h)(1),
and (i) will become effective following approval by the Office of
Management and Budget. Section 20.19(f), (h)(1), and (i) contain new or
modified information collection requirements that require review by the
Office of Management and Budget under the PRA. The Commission will
publish a document in the Federal Register announcing the effective
date of the revisions to Sec. 20.19(f), (h)(1), and (i), following
approval by the Office of Management and Budget.
74. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects
47 CFR Part 2
Administrative practices and procedures, Communications equipment.
47 CFR Part 20
Administrative practices and procedures, Communications equipment,
Incorporation by reference.
47 CFR Part 68
Administrative practices and procedures, Communications equipment.
Federal Communications Commission.
Marlene Dortch,
Secretary, Federal Communications Commission.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2, 20, and 68 as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES 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, and 615c, unless
otherwise noted.
0
4. Amend Sec. 20.19 by:
0
a. Revising paragraphs (a), (b), and (c);
0
b. Removing and reserving paragraph (d);
0
c. Revising paragraph (e);
0
d. Removing and reserving paragraph (f)(1)(ii); and
0
e. Revising paragraphs (g), (h)(2)(ii), (h)(5), (k), and (l).
The revisions 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 ANSI C63.19-2007.
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 ANSI C63.19-2011.
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 ANSI C63.19-2019.
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 voice over internet protocol
(VoIP) services, to the extent that such service is provided over
frequencies specified in the 2007 ANSI standard, 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.
Volume control requirements refers to the technical standard
established by ANSI/TIA-5050-2018.
[[Page 23626]]
(b) Hearing aid compatibility; technical standards--(1) Handset
compatibility on or after June 5, 2023. 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 on or
after June 5, 2023 must meet the 2019 ANSI standard.
(2) Handset compatibility before June 5, 2023. 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 June 5, 2023 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 June 5, 2023, a handset is hearing aid-
compatible if it meets the 2019 ANSI standard for all frequency bands
that are specified in the ANSI standard and all air interfaces over
which it operates on those frequency bands, 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.
(ii) Before June 5, 2023, a handset that uses only the frequencies
specified in the 2011 ANSI standard is hearing aid-compatible with
regard to radio frequency interference and 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 June 5, 2023, 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) Factual questions. All factual questions of whether a handset
meets the technical standard(s) of this paragraph (b) shall be referred
for resolution to the Chief, Office of Engineering and Technology,
Federal Communications Commission, 45 L Street NE, Washington, DC
20554.
(5) Certification. 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--Number of hearing aid-compatible handsets
models offered. 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--Number of hearing
aid-compatible handsets models offered. 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.
* * * * *
(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
(e)(1)(ii), 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
(e)(1)(ii) 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 23627]]
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.
* * * * *
(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 or an earlier
version of the standard, the altered handset must be given a model
designation distinct from that of the handset prior to its alteration.
(h) * * *
(2) * * *
(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
along with the information listed in paragraph (h)(1) of this section
for each hearing aid-compatible handset.
* * * * *
(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); 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).
* * * * *
(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 to issue, consistent
with any applicable requirements of 5 U.S.C. 553, 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) Incorporation by reference. 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), 45 L Street NE, Reference
Information Center, Room 1.150, Washington, DC 20554, (202) 418-0270,
and is available from the source indicated in this paragraph (l). 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
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 protected], https://standards.ieee.org/.
(i) ANSI C63.19-2007, American National Standard Methods of
Measurement of Compatibility Between Wireless Communication Devices and
Hearing Aids, approved June 8, 2007.
(ii) ANSI C63.19-2011, American National Standard Methods of
Measurement of Compatibility Between Wireless Communication Devices and
Hearing Aids, approved May 27, 2011.
(iii) ANSI C63.19-2019, American National Standard Methods of
Measurement of Compatibility Between Wireless Communication Devices and
Hearing Aids, approved August 19, 2019.
(2) Telecommunications Industry Association (TIA), 1320 North
Courthouse Road, Suite 200, Arlington, VA 22201, (703) 907-7700,
[email protected], https://global.ihs.com/csf_home.cfm?&csf=TIA.
(i) ANSI/TIA-5050-2018, Telecommunications--Communications
Products--Receive Volume Control Requirements for Wireless (Mobile)
Devices, approved January 17, 2018.
(ii) [Reserved]
0
5. Delayed indefinitely, further amend Sec. 20.19 by revising
paragraphs (f), (h)(1), and (i) to read as follows:
Sec. 20.19 Hearing aid-compatible mobile handsets.
* * * * *
(f) Labeling and disclosure requirements for hearing aid-compatible
handsets--(1) Package label. For all handset models certified to be
hearing aid-compatible, manufacturers and service providers shall
ensure that the handset's package label states that the handset is
hearing aid-compatible and
[[Page 23628]]
the handset's actual conversational gain with and without a hearing aid
if certified using a technical standard with volume control
requirements. The actual conversational gain displayed for use with a
hearing aid shall be the lowest rating assigned to the handset for any
covered air interface or frequency band.
(2) Package insert or handset manual. For all handset models
certified to be hearing aid-compatible, manufacturers and service
providers shall disclose to consumers through the use of a package
insert or in the handset's user manual:
(i) That the handset is hearing aid-compatible;
(ii) The ANSI standard used to determine the hearing aid
compatibility of the handset model's air interfaces and frequency
bands;
(iii) If using the 2011 ANSI standard or an earlier version of the
standard, the lowest hearing aid compatibility rating assigned to any
of the covered air interfaces or frequency bands;
(iv) The air interfaces or frequency bands on the handset that are
not certified to be hearing aid-compatible, if applicable, or have been
determined to be hearing aid-compatible under special testing
circumstances;
(v) Any handset model certified to be hearing aid-compatible for
some but not all of the air interfaces or frequency bands covered by
the model must include the following disclosure 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.
(vi) An explanation of the ANSI rating system, which includes an
explanation that the 2019 ANSI standard does not use the rating system
that older versions of the standard used;
(vii) An explanation of a handset model's volume control
capabilities, including its conversational gain both with and without
hearing aids, if the handset is certified using a technical standard
that includes volume control requirements; and
(viii) An explanation of special testing circumstances, if a
handset model has air interfaces that have been certified as hearing
aid-compatible under such circumstances, and how these circumstances
affect the use and operation of the handset.
* * * * *
(h) * * *
(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.
* * * * *
(i) Reporting requirements--(1) Reporting and certification dates.
Service providers shall submit Form 855 certifications on their
compliance with the requirements of this section by January 31 of each
year. Manufacturers shall submit Form 655 reports on their compliance
with the requirements of this section by July 31 of each year.
Information in each certification and report must be up-to-date as of
the last day of the calendar month preceding the due date of each
certification and report.
(2) 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
with this section, 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.
(3) 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 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
[[Page 23629]]
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.
(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.
* * * * *
PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
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6. 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
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7. The authority citation for subpart D is revised to read as follows:
Authority: 47 U.S.C. 154, 155, 303, 610.
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8. 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 the requirement in this paragraph (b).
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[FR Doc. 2021-08973 Filed 5-3-21; 8:45 am]
BILLING CODE 6712-01-P
