[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Proposed Rules]
[Pages 80722-80737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31368]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 20 and 68
[CG Docket Nos. 12-32 and 13-46 and WT Docket Nos. 07-250 and 10-254;
FCC 15-144]
Hearing Aid Compatibility Standards
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission proposes to amend its hearing
aid compatibility (HAC) rules to enhance equal access to the national
[[Page 80723]]
telecommunications network by people with hearing loss and implement
the Twenty-First Century Communications and Video Accessibility. The
proposed changes would expand the scope of the wireline HAC rules, add
a volume control requirement for wireless handsets, address recently
revised technical standards, and streamline the process for enabling
industry to use new or revised technical standards for assessing HAC
compliance.
DATES: Comments are due February 26, 2016 and Reply Comments are due
March 28, 2016.
ADDRESSES: You may submit comments, identified by CG Docket Nos. 12-32
and 13-46 and WT Docket Nos. 07-250 and 10-254, by any of the following
methods:
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the Commission's Electronic Comment
Filing System (ECFS), through the Commission's Web site http://fjallfoss.fcc.gov/ecfs2/. Filers should follow the instructions
provided on the Web site for submitting comments. For ECFS filers, in
completing the transmittal screen, filers should include their full
name, U.S. Postal service mailing address, and CG Docket Nos. 12-32 and
13-46 and WT Docket Nos. 07-250 and 10-254.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. Filings can be sent by
hand or messenger delivery, by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail (although the
Commission continues to experience delays in receiving U.S. Postal
Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Robert Aldrich, Consumer and
Governmental Affairs Bureau, Disability Rights Office, at 202-418-0996
or email [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to 47 CFR 1.415, 1.419, interested
parties may file comments and reply comments on or before the dates
indicated on the first page of this document. Comments may be filed
using the Commission's Electronic Comment Filing System (ECFS). See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
(1998).
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th Street SW., Room TW-A325, Washington, DC 20554. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building.
Commercial Mail sent by overnight mail (other than U.S.
Postal Service Express Mail and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail should be addressed to 445 12th Street SW., Washington, DC 20554.
This is a summary of the Commission's document FCC 15-144, Access to
Telecommunications Equipment and Services by Persons with Disabilities;
Petition for Rulemaking Filed by the Telecommunications Industry
Association Regarding Hearing Aid Compatibility Volume Control
Requirements; Amendment of the Commission's Rules Governing Hearing
Aid-Compatible Mobile Handsets; and Comment Sought on 2010 Review of
Hearing Aid Compatibility Regulations, Notice of Proposed Rulemaking,
adopted October 23, 2015, and released October 30, 2015, in CG Docket
Nos. 12-32 and 13-46 and WT Docket Nos. 07-250 and 10-254. The full
text of document FCC 15-144 will be available for public inspection and
copying via ECFS, and during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. Document FCC 15-144 can also be downloaded
in Word or Portable Document Format (PDF) at: https://www.fcc.gov/encyclopedia/disability-rights-office-headlines. This proceeding shall
be treated as a ``permit-but-disclose'' proceeding in accordance with
the Commission's ex parte rules. 47 CFR 1.1200 et seq. Persons making
ex parte presentations must file a copy of any written presentation or
a memorandum summarizing any oral presentation within two business days
after the presentation (unless a different deadline applicable to the
Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must (1) list
all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide
citations to such data or arguments in his or her prior comments,
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with 47 CFR 1.1206(b).
In proceedings governed by 47 CFR 1.49(f) or for which the Commission
has made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to [email protected] or call the Consumer and Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Initial Paperwork Reduction Act of 1995 Analysis
Document FCC 15-144 seeks comment on proposed rule amendments that
may result in modified information collection requirements. If the
Commission adopts any modified information collection requirements, the
Commission will publish another notice in the Federal Register inviting
the public to comment on the requirements, as required by the Paperwork
Reduction Act. Public Law 104-13; 44 U.S.C. 3501-3520. In addition,
pursuant to the Small Business Paperwork Relief Act of 2002, the
Commission seeks comment on how it might further reduce the information
collection burden for small business concerns with fewer than 25
employees. Public Law 107-198; 44 U.S.C. 3506(c)(4).
Synopsis
Revised Wireline Volume Control Standard
1. Pursuant to section 710 of the Communications Act of 1934, as
amended (Act), all wireline telephones manufactured or imported for use
in the
[[Page 80724]]
United States must provide an ``internal means for effective use with
hearing aids that are designed to be compatible with telephones which
meet established technical standards for hearing aid compatibility.''
47 U.S.C. 610(b), (b)(1)(B). In 1996, the Commission amended its
regulations to require that wireline telephones also be equipped with
volume control to allow improved acoustic coupling, finding that doing
so would make telephones more accessible for those wearing hearing aids
and others with hearing loss. The volume control rules adopted by the
Commission (47 CFR 68.317) incorporate by reference two technical
standards: ANSI/EIA-470-A-1987 (Telephone Instruments with Loop
Signaling) for analog phones; and ANSI/EIA/TIA-579-1991 (Acoustic-To-
Digital and Digital-To-Acoustic Transmission Requirements for ISDN
Terminals) for digital phones. In 2012 a revised technical standard for
volume control, ANSI/TIA-4965-2012 (2012 ANSI Wireline Volume Control
Standard), was approved by the American National Standards Institute
(ANSI). The Telecommunications Industry Association (TIA) filed a
petition requesting that the Commission revise Sec. 68.317 of its
rules to incorporate the revised standard by reference, and the
Commission sought comment on TIA's petition for rulemaking.
2. TIA notes that the 2012 ANSI Wireline Volume Control Standard
modifies in two ways the manner in which amplification is measured for
wireline phones. First, the standard discontinues the use of an IEC-318
coupler, which must form a seal with the telephone handset, as the
physical set-up for measuring the amplification of wireline phones.
Instead, the standard specifies the Head and Torso Simulator (HATS)
method, which uses a mannequin that includes a human pinna (outer ear)
simulator and which TIA states is appropriate for all types of
handsets. Second, the 2012 ANSI Wireline Volume Control Standard
replaces the Receive Objective Loudness Rating (ROLR) method of
calibrating amplification, used in previous standards, with a new
method called Conversational Gain. Under the ROLR method, gain is
determined relative to the normal unamplified, or nominal, sound level
for the particular equipment that is being measured, which can vary
depending upon the equipment being used. By contrast, TIA explains,
under the Conversational Gain method, the starting point--0 decibels
(dB) Conversational Gain--is an absolute, not a relative, value,
equivalent to 64 dB sound pressure level in each ear, which is the
volume of a face-to-face conversation where participants are 1 meter
apart.
3. The Commission proposes to amend 47 CFR 68.317 to incorporate
the 2012 ANSI Wireline Volume Control Standard and believes that doing
so will make its rules more effective in ensuring that people with
hearing loss have ``equal access to the national telecommunications
network'' (Pub. L. 100-394, sec. 2 (1)) and that telephones provide
``an internal means for effective use with hearing aids'' (47 U.S.C.
610(b)). To ensure that its rules incorporate the most recent
Congressional statement of purpose regarding HAC, the Commission also
proposes to amend the statement of purpose in 47 CFR 68.1 to replace
the previous statement of purpose, which was derived from the language
of the 1982 amendment to the Communications Act, with the more recent
language of Public Law 100-394.
4. Based on the TIA petition and the comments filed in response,
the Commission's proposal to incorporate the 2012 ANSI Wireline Volume
Control Standard into its rules is likely to make ordinary telephones
more usable for consumers who need telephone amplification. As noted by
the American Speech-Language Hearing Association (ASHA) and TIA, the
new standard's HATS method for testing equipment appears to be ``more
representative of the user experience'' because it reflects the actual
manner in which phones are held to the ear, and the new measurement
criterion, Conversational Gain, appears to provide ``a more realistic
metric for measuring speech through a phone'' and has the potential to
close a ``loophole'' in the current rule that appears to have resulted
in a less than consistent means of measuring speech amplification
across manufacturers. The Commission seeks comment on these assumptions
and generally on the extent to which the new approaches embodied in the
standard will improve the usability of telephones by consumers with
hearing loss. In addition, the Commission seeks comment on whether
incorporating the 2012 ANSI Wireline Volume Control Standard into its
rules will improve the ability of the segment of the population that
has hearing loss to communicate effectively with emergency services.
5. TIA research confirms that some vendors of high amplification
phones have made claims about the amount of amplification offered that
could not be verified when tested against the industry standard. The
new ANSI/TIA standard's Conversational Gain method seems to address
this problem because, according to ASHA, it will ``allow consumers with
hearing loss (and audiologists assisting them) to readily compare the
sound levels of various digital and hardwire phones to determine which
devices best meet their amplification needs.'' The Commission notes
that in addition to the 2012 ANSI Wireline Volume Control Standard, TIA
has developed another voluntary standard employing Conversational Gain,
ANSI/TIA-4953, which specifies measurement procedures and performance
requirements for specialty high gain telephones. ANSI/TIA-4953 also
addresses tone control, acoustic ringer level and tone, noise,
distortion, stability, transmit levels, send quality, and volume for
such high gain equipment and provides standardized labels to designate
an amplified telephone as suitable for consumers with specified levels
of hearing loss (HL), as follows: ``Mild'' (20 dB to 40 dB HL);
``Moderate'' (40 dB to 70 dB HL); and ``Severe'' (70 dB to 90 dB HL).
The Commission seeks comment on the experience of industry and
consumers with implementation of the HATS method and the Conversational
Gain method for this purpose and others, and whether Commission
incorporation of the new ANSI/TIA wireline volume control standard in
its rules will lead to further improvement of a consumer's ability to
find devices that meet his or her communication needs, and in
particular, a consumer's ability to determine the need for high
amplification telephones. The Commission also seeks information
concerning the findings of any consumer tests or trials that may have
been conducted to determine whether devices having the same
conversational gain rating demonstrate comparable amplification as
perceived by device users.
6. In addition, the Commission seeks comment on whether the
standard promotes both market certainty and a level playing field for
companies that manufacture terminal equipment and whether compliance
with the standard poses any impediments for equipment that is marketed
internationally. Pursuant to 47 U.S.C. 610(e), the Commission also
seeks comment on the costs and benefits of the proposed rule amendment
to persons with and without hearing loss. In particular, the Commission
seeks comment on the likely impact of implementing the new standard on
the cost of a telephone and whether incorporation of the new standard
will encourage the use of currently available technology and will
[[Page 80725]]
not discourage or impair the development of improved technology.
7. The Commission proposes to require a minimum of 18 dB in
amplification gain because, according to TIA, under the 2012 ANSI
Wireline Volume Control Standard, 18 dB of Conversational Gain would be
equivalent to the current measurement of 12 dB above the normal
unamplified level of a traditional telephone. Similarly, because under
the new standard 24 dB of gain is the equivalent of a current
measurement of 18 dB of gain, TIA recommends revising 47 CFR part 68 to
require an automatic reset if Conversational Gain is greater than 24
dB, rather than the gain of 18 dB that currently triggers a reset
requirement. The Commission seeks comment on these proposed rule
changes and specifically, whether these proposed rules will provide an
appropriate degree of assurance that people with hearing loss can make
effective use of telephones and that consumers generally will be
protected from accidental injury due to increased volume settings. The
Commission seeks comment generally on what other changes to the
Commission's rules may be necessary or appropriate if the Commission
incorporates the 2012 ANSI Wireline Volume Control Standard into Sec.
68.317 of its rules.
8. The Commission proposes to allow a transition period of two
years after the effective date of the rules for manufacturers to come
into compliance. The Commission seeks comment on this proposal and on
whether two years is necessary to allow sufficient time for the design,
engineering, and marketing needs of manufacturers that will be subject
to the new standard. The Commission also proposes to amend 47 CFR
68.112 to allow the existing inventory and installed base of telephones
that comply with the current version of Sec. 68.317 of its rules to
remain in place until retired and to clarify that such phones need not
be replaced in the future as a result of minor changes to 47 CFR 68.316
or 68.317, and seeks comment on these proposals.
9. Consistent with the intent of the CVAA to involve consumer
representatives more directly in the standards development process, the
Commission proposes to adopt a requirement that wireline telephone
manufacturers engage in consultation with such consumers and their
representative organizations for the purpose of assessing the
effectiveness of the revised standard. The Commission proposes that an
initial consultation should occur one year after the effective date of
the revised standard, with follow-up every three years thereafter to
assess the impact of technological changes. The Commission seeks
comment on this proposal and whether the Commission should define in
more detail the specifics of the required consultation. For example,
should this consultation be subject to the same parameters that the
Commission proposes pursuant to 47 U.S.C. 610(c) regarding consultation
with designated consumer representatives? The Commission also seeks
comment on whether, as an alternative, the Commission should consult
with the consumer stakeholder(s) to be designated pursuant to 47 U.S.C.
610(c) regarding the effectiveness of the revised standard.
10. The Commission proposes that manufacturers subject to the
volume control rule be required to test a sample of products claiming
to be compliant with the revised standard, to assess whether these
products are providing a uniform and appropriate range of volume to
meet the telephone needs of people with hearing loss. The Commission
seeks comment on whether these or other steps could provide useful data
to ensure effective communication by this population and on the costs
of such testing. The Commission agrees with consumer commenters that,
to the extent that measurements are referred to in marketing materials
and user manuals, it would be helpful to consumers for the materials to
explain, for example, that ``1 meter apart'' is equivalent to
``approximately 1 yard'' in describing how the standard utilizes a
conversation between individuals as a benchmark. The Commission seeks
comment on whether manufacturers currently reference such measurements
in marketing and informational materials, and if so, whether the
Commission has the authority to require conversion to non-metric
equivalents and whether the Commission should do so. What are the costs
and benefits associated with such a requirement?
Application of Inductive Coupling and Volume Control Requirements to
Wireline VoIP Telephones
11. The CVAA amended section 710(b) of the Act to provide that the
requirement for ``customer premises equipment'' to ``provide internal
means for effective use with hearing aids'' applies not only to
``telephones'' used over the public switched telephone network (PSTN)
but also to ``[a]ll customer premises equipment used with advanced
communications services that is designed to provide 2-way voice
communication via a built-in speaker intended to be held to the ear in
a manner functionally equivalent to a telephone, subject to the
regulations prescribed by the Commission under subsection (e).'' 47
U.S.C. 610(b)(1)(C). The Act, as amended by the CVAA, defines
``advanced communications services'' (ACS) as including interconnected
and non-interconnected Voice over Internet Protocol (VoIP) service. 47
U.S.C. 153(1). According to recent market research, the United States
has almost 35.3 million fixed VoIP subscribers, and the number of
subscribers is expected to grow at an annual rate of 11.6 percent. The
CVAA mandates that people with hearing loss have access to this
expanding market of VoIP phones. Public Law 111-260, sec. 716(a).
12. Accordingly, the Commission proposes to amend 47 CFR part 68 so
that customer premises equipment (CPE) used with interconnected and/or
non-interconnected VoIP services (other than secure telephones and
mobile handsets used with such services) would be covered by 47 U.S.C.
610(b)(1)(C) if the CPE ``is designed to provide 2-way voice
communication via a built-in speaker intended to be held to the ear in
a manner functionally equivalent to a telephone.'' The Commission
further proposes that CPE covered by 47 U.S.C. 610(b)(1)(C) be subject
to the existing inductive coupling and volume control requirements. 47
CFR 68.4, 68.6. The Commission also proposes that complaint procedures,
labeling, and certification requirements shall be applicable to such
equipment with respect to HAC compliance, in accordance with the
relevant part 68 rules regarding complaint handling, labeling,
certifications, and suppliers' declarations of conformity. See, e.g.,
47 CFR 68.160-62, 68.201, 68.218-24, 68.300, 68.320-54, 68.414-23. The
Commission believes that applying these procedures and requirements to
CPE used with VoIP service will promote accountability and compliance
with the HAC requirements and thus better serve people with hearing
loss.
13. The Commission seeks comment on this proposal, including the
costs and benefits and technical impacts of covering customer premises
equipment used with a VoIP service under the inductive coupling and
volume control requirements of 47 CFR part 68. In particular, the
Commission seeks comment on:
The appropriate timetables or benchmarks that may be
necessary for ensuring that such equipment is hearing aid compatible
and provides volume control in accordance with part 68
[[Page 80726]]
standards in order to take account of technical feasibility or to
ensure the marketability or availability of new technologies to users
(see 47 U.S.C. 610(e));
Whether volume control parameters for such equipment can
be effectively measured under the 2012 ANSI Wireline Volume Control
Standard, and if not, how such standard should be modified to permit
effective measurement;
whether inductive coupling compliance for such telephones
can be effectively measured under the currently applicable inductive
coupling standard (47 CFR 68.316), and if not, how such standard should
be modified to permit effective measurement;
whether any different treatment of VoIP CPE is appropriate
under the part 68 rules addressing complaint handling, labeling,
certifications, and suppliers' declarations of conformity; and
whether it would be appropriate to require registration of
VoIP CPE in a public database, such as the database of terminal
equipment that the Administrative Council for Terminal Attachments
(ACTA) administers (see 47 CFR 68.610).
Volume Control and Other Acoustic Coupling Issues for Wireless Handsets
14. While the Commission's HAC requirements for wireless handsets
(47 CFR 20.19) currently address inductive coupling capability and the
prevention of radio frequency (RF) interference with hearing aids, they
do not require the provision of volume control in wireless handsets.
The Commission adopted volume control requirements for wireline
telephones in 1996, but to date it has not adopted such requirements
for wireless handsets. The Commission proposes to adopt a rule
requiring wireless handsets to have a specified level of volume
control. The Commission further proposes that the volume control rule
have the same scope of application as our radio frequency interference
reduction and inductive coupling rules for wireless handsets. 47 CFR
20.19(c), (d). The Commission also seeks comment on whether a volume
control rule should apply to all wireless handsets or to just a subset
of such handsets.
15. In addition, the Commission seeks further comment on volume
control and acoustic coupling issues on which the Wireless
Telecommunications Bureau (WTB) sought comment in 2010 and 2012,
including (1) whether volume control rules and standards are necessary
to ensure that wireless phones will operate at appropriate volumes to
achieve acoustic coupling compatibility, (2) whether there is a need
for Commission action to ensure adequate information is available to
consumers and hearing aid manufacturers regarding wireless phones'
volume settings and sound quality, (3) whether the Commission should
take action to ensure that the magnetic fields emitted by wireless
handsets are of sufficient strength to activate special acoustic
coupling modes in hearing aids that are designed for telephone use, and
(4) the relevance and benefits of TIA's new and revised standards
relating to volume control for wireline phones (including digital
cordless phones) in the wireless context. See Comment Sought on 2010
Review of Hearing Aid Compatibility Regulations, published at 76 FR
2625, 2629-30, January 14, 2011; Updated Information and Comment Sought
on Review of Hearing Aid Compatibility Regulations, published at 77 FR
70407, 70408, November 26, 2012. The Commission notes that the original
reason given by the Commission in 2010 for deferring action on volume
control and acoustic coupling issues--i.e., that an Alliance for
Telecommunications Industry Solutions working group was studying this
issue--is no longer applicable, given that this group is no longer
actively working on this issue.
16. Surveys conducted by the Hearing Loss Association of America
(HLAA) indicate that the available volume controls for wireless
handsets do not consistently allow sufficient amplification to enable
effective acoustic coupling between the handset and a user's hearing
aid or cochlear implant. The Commission invites additional comment on
the experiences that consumers with hearing loss are having when they
attempt to locate wireless handsets with sufficient amplification
capability to use with their hearing aids or cochlear implants. In
general, the Commission invites parties to update the record of these
proceedings with respect to the need for volume control requirements
for wireless handsets, including information on facts or circumstances
that have changed since the Commission last addressed this issue. What
are the costs and benefits of adopting a volume control requirement for
wireless handsets--for manufacturers, service providers, and consumers?
If there are specific burdens associated with requiring handsets to
achieve a specified amplification level for manufacturers and service
providers, what are they? If a volume control requirement is adopted,
should it apply to all wireless handsets or to a subset of total
handset sales or models, as with the current HAC rule? Would such a
fragmented implementation approach cause confusion for consumers?
17. Are there currently any plans for ANSI ASC C63[supreg]-EMC to
initiate or explore development of such a standard, and if so, what is
the likely timeline for the completion of such a standard? Further, in
light of the suggestions that hearing aid manufacturers need to
participate more fully in addressing HAC issues, would ANSI ASC
C63[supreg]-EMC be the appropriate forum for the development of a
volume control standard, or should all stakeholders form a new working
group to address this issue? The Commission invites additional comment
on other relevant standards development activities that may be useful
in establishing volume control requirements for wireless handsets.
Given the absence of a readily available ANSI standard for volume
control in wireless handsets, the Commission invites parties to submit
other studies and information that may be relevant to the adoption of
appropriate standards for volume control in these devices. The
Commission seeks comment on the time needed for development and
adoption of a volume control standard for wireless handsets. Would 18
months be sufficient for development and adoption of such a standard?
If no standards development body begins work on a wireless handset
volume control standard, or if no specific time frame for development
and adoption of such a standard is specified, the Commission also seeks
comment on whether the Commission should adopt a volume control
standard for wireless handsets based on the best currently available
information, subject to modification based on subsequent development of
an ANSI standard, in order to ensure equal telephone access for people
with hearing loss. The Commission invites additional comment on the
extent to which the 2012 ANSI Wireline Volume Control Standard is
adaptable to wireless and the nature of any differences between
wireline and wireless handsets that affect the applicability of TIA's
new methods and/or its standard. The Commission invites comment on the
potential relevance and benefits of the new TIA procedures and metrics
in the wireless context, despite such differences.
18. The Commission also invites comment on the types of information
consumers need regarding amplification levels and acoustic coupling
capabilities in order to make informed purchasing decisions. For
example, the voluntary performance standard for wireline telephones
with enhanced
[[Page 80727]]
amplification, ANSI/TIA-4953, provides for specific, easily understood
labels for amplified telephones that are suitable for consumers with
mild, moderate, and severe hearing loss, respectively. Would such
labels be useful in the wireless context as well? Should the Commission
encourage or require the use of such labels for wireless handsets, and
by what means? The Commission also seeks comment on whether to address,
via standards or through other means, factors other than amplification
that affect the ability of consumers with hearing loss to hear and
understand speech received over wireless handsets, including but not
limited to acoustic coupling issues such as frequency response and
distortion and magnetic field strength issues.
Testing and Rating Wireless Handsets Exclusively Under the 2011 ANSI
Wireless HAC Standard
19. For testing and rating the HAC performance of wireless
handsets, the Commission's rules currently reference the 2007 and 2011
revisions of ANSI technical standard ANSI C63.19 (the 2007 ANSI
Wireless HAC Standard and the 2011 ANSI Wireless HAC Standard),
developed by ANSI ASC C63[supreg]-EMC. 47 CFR 20.19(b)(1), (2). A
handset is considered hearing aid compatible for preventing RF
interference with hearing aids and cochlear implants if it meets a
rating of at least M3 under the 2007 ANSI Wireless HAC Standard or 2011
ANSI Wireless HAC Standard. A handset is considered hearing aid
compatible for inductive coupling with hearing aids and cochlear
implants if it meets a rating of at least T3. The 2011 Wireless HAC
Standard, added to the rule in 2012, expanded the range of frequencies
over which HAC can be tested to frequencies between 698 MHz and 6 GHz
and established a direct method for measuring the RF interference level
of wireless devices to hearing aids, thereby enabling testing
procedures to be applied to operations over any RF air interface or
protocol.
20. The Commission proposes to require manufacturers to use the
2011 ANSI Wireless HAC Standard, subject to modifications, exclusively
to certify future handsets as compliant with the RF interference
reduction and inductive coupling rules. The 2011 ANSI Wireless HAC
Standard is the most recent of the ANSI standards for testing and
rating wireless handsets' HAC and provides the most accurate available
RF interference reduction and inductive coupling ratings for such
handsets. The Commission believes there will be relatively little
burden in requiring manufacturers and service providers to use the 2011
ANSI Wireless HAC Standard exclusively, and the Commission notes that
since July 2013, manufacturers appear to have been using the 2011 ANSI
Wireless HAC Standard to test the vast majority of their new handsets.
The Commission seeks comment on this approach. The Commission asks
commenters to include data or other specific information demonstrating
whether and how the 2011 ANSI Wireless HAC Standard imposes lesser or
greater burdens than the 2007 ANSI Wireless HAC Standard, as well as
the advantages or disadvantages of using the 2011 ANSI Wireless HAC
Standard exclusively for testing and rating wireless handsets'
compliance with the RF interference reduction and inductive coupling
rules.
21. The Commission further proposes to transition manufacturers and
service providers, over a period of six months, to using the 2011 ANSI
Wireless HAC Standard on an exclusive basis. The Commission seeks
comment on whether sufficient time has passed since Commission adoption
of this standard to enable it to be used on an exclusive basis, or
whether additional transition time is necessary to avoid disruption. If
more time is needed, what would be the appropriate timeframe to adopt
the 2011 ANSI Wireless HAC Standard exclusively? In connection with
this implementation timeline, the Commission proposes that handsets
already certified under the 2007 ANSI Wireless HAC Standard or any
previous standard would be grandfathered, and thus, there would be no
need to retest or recertify this equipment. The Commission seeks
comment on this proposal, its costs and benefits, and its advantages or
disadvantages.
Power-Down Exception for GSM Operations at 1900 MHz
22. The wireless HAC rule provides an exception to the general
requirement that, for purposes of determining HAC, handsets must be
tested using their maximum output power. 47 CFR 20.19(e)(1)(ii). This
limited power-down exception applies solely to manufacturers and
service providers that offer only one or two Global System for Mobile
Communications (GSM) handset models, but are required, because they
employ a certain number of individuals, to meet the HAC standards for
one model. The Commission proposes to eliminate the power-down
exception for handsets certified on or after the date that the 2011
ANSI Wireless HAC Standard becomes the exclusive standard. The
Commission requires handsets to be tested at full power to ensure that
Americans with hearing loss have equal access to all of the service
quality and performance that a given wireless handset provides. 47 CFR
20.19(e)(1)(iii). The Commission believes that eliminating the power-
down exception will advance this purpose and will ensure that consumers
do not experience the drop-off in function that can otherwise occur
with handsets certified under the power-down option. The Commission
further proposes to grandfather GSM handsets that operate in the 1900
MHz band and that were previously certified under the exception. Even
if the Commission eliminates the exception going forward, the
Commission tentatively concludes that there will be no need to
recertify these handsets and that the Commission should continue to
treat them as certified hearing aid compatible handsets. The Commission
seeks comment on this tentative conclusion. When addressing our
proposal to eliminate the power-down exception, commenters should
discuss the advantages or disadvantages and quantify the costs and
benefits of eliminating the exception and of any proposed alternative
approaches they recommend.
Use of Future ANSI Technical Standards
23. Section 710(c) of the Act requires the Commission ``to
establish or approve such technical standards as are required to
enforce [the HAC provisions].'' 47 U.S.C. 610(c). The CVAA retained the
mandate for the Commission to establish or approve such technical
standards but amended section 710(c) of the Act to provide a mechanism
for HAC technical standards to become effective without a Commission
rulemaking, subject to Commission approval or rejection of such
standards. As amended by the CVAA, section 710(c) of the Act reads as
follows:
The Commission shall establish or approve such technical
standards as are required to enforce this section. A telephone or
other customer premises equipment that is compliant with relevant
technical standards developed through a public participation process
and in consultation with interested consumer stakeholders
(designated by the Commission for the purposes of this section) will
be considered hearing aid compatible for purposes of this section,
until such time as the Commission may determine otherwise. The
Commission shall consult with the public, including people with
hearing loss, in establishing or approving such technical standards.
The Commission may delegate this authority to an employee pursuant
to section 155(c) of this title. The Commission
[[Page 80728]]
shall remain the final arbiter as to whether the standards meet the
requirements of this section.
24. The Commission proposes to adopt rules implementing each of the
provisions of section 710(c) of the Act added by the CVAA. In
particular, the Commission proposes to adopt a streamlined procedure
whereby a wireline telephone or other customer premises equipment or a
wireless handset may be considered hearing aid compatible if it ``is
compliant with relevant technical standards developed through a public
participation process and in consultation with interested consumer
stakeholders . . . until such time as the Commission may determine
otherwise.'' The Commission further proposes changes to our rules to
ensure consultation ``with the public, including people with hearing
loss, in establishing or approving such technical standards,'' and that
the Commission ``remain[s] the final arbiter as to whether the
standards meet the requirements of this section.'' The Commission
invites comment generally on whether our proposals below are consistent
with section 710 of the Act and whether they will effectively advance
the Congressional objective to ensure that ``to the fullest extent made
possible by technology and medical science, [people who are deaf and
hard of hearing] should have equal access to the national
telecommunications network.'' Public Law 100-394, sec. 2(1).
25. To implement section 710(c) of the Act, the Commission proposes
that for compliance purposes, companies be permitted to rely on a HAC
standard prior to that standard being adopted through a formal
rulemaking process so long as it is developed through a voluntary and
consensus-driven public participation process reflecting consultation
with interested consumer stakeholders. The Commission notes, however,
that it may also, in its discretion, establish or approve HAC standards
through traditional rulemaking procedures, including, where
appropriate, standards for mobile handsets through existing delegations
of rulemaking authority under 47 CFR 20.19(k), independently of the
alternative process added by the CVAA. More specifically, the
Commission proposes that the standards development process must (1) be
open to participation by all relevant stakeholders who have legitimate
and meaningful interests in the process, (2) allow all interested
parties, including consumers and groups representing them, to comment
on a proposed standard prior to adoption and to have their comments
considered by the working groups that develop the standards, and (3)
provide an appeal mechanism that allows interested parties to seek
review of standards-setting decisions.
26. The Commission believes that the current ANSI process meets
such criteria. Accordingly, the Commission proposes that a wireline
telephone or other CPE or a wireless handset will be considered hearing
aid compatible for purposes of section 710 of the Act, if it complies
with a relevant technical standard adopted by ANSI using a process
compliant with the requirements of section 710(c) of the Act, and
further proposes that this include standards that cover equipment,
services, or frequency bands not presently covered by the existing ANSI
standards. The Commission seeks comment on whether it would be in the
public interest for parties to be permitted to rely on technical
standards developed under the ANSI process for purposes of assessing
their equipment's compliance with our HAC rules. The Commission also
seeks comment on whether and how the ANSI standards development process
can achieve Congress's objective to ensure that the views of the
public, including people with hearing loss, are considered in the
establishment and approval of HAC technical standards. The Commission
seeks comment on the extent to which this process is appropriate for
consumer groups representing the interests of people with hearing loss
to provide input into the development of HAC standards. Before a new
standard is adopted, according to ANSI documents, all interested
parties have a chance to comment on the revision and to have their
comments considered by the working group. Will this process afford such
individuals the opportunity to comment on proposed new or revised
standards prior to their adoption even if such individuals are not ANSI
members? Have consumer groups or individuals representing hearing loss
interests participated in such standards-setting efforts in the past,
and if so, what has been their experience with this process? What would
be the most effective role for consumer groups and individual consumers
in the process of setting standards for HAC that are based on complex
engineering issues? The process also includes an appeal mechanism. Does
ANSI's appeal mechanism adequately protect consumer interests? To what
extent do interested parties believe that the ANSI process will be
capable of ensuring that revisions to HAC technical standards will meet
the needs of all interested stakeholders? The Commission also invites
comment on whether there are other relevant standards development
organizations following processes that could meet the requirements of
section 710(c) of the Act. Commenters who recommend that the Commission
recognize a particular alternative standards development organization
or process should explain why such an organization or process qualifies
as a ``public participation process'' for purposes of section 710(c) of
the Act and why it is an appropriate process for development of a
standard for assessing HAC compliance.
27. Section 710(c) of the Act further requires that standards be
developed in consultation with ``interested consumer stakeholders'' who
are ``designated by the Commission.'' The Commission proposes to direct
the Commission's newly formed Disability Advisory Committee (DAC) to
provide recommendations on who should be designated as ``interested
consumer stakeholders'' for purposes of section 710(c) of the Act and
further proposes that the Consumer and Governmental Affairs Bureau
(CGB) consider such recommendations in making these final designations.
Additionally, the Commission proposes that the DAC be directed to
consult with nationally recognized consumer organizations, both
appointed to and outside of the DAC, that have expertise on HAC and
related telecommunications issues. Further, the Commission proposes
that, to qualify for designation as ``interested consumer
stakeholders,'' individuals or organizations should have technical
expertise in the field of hearing loss and a high level of knowledge
about the communication needs of people who are deaf and hard of
hearing. The Commission seeks comment on these proposed criteria and
any other applicable criteria for designation of consumer stakeholders.
Finally, the Commission proposes that each consumer representative or
organization receiving a designation as an ``interested consumer
stakeholder'' maintain such designation for a period of two years, with
the process described above being repeated at the end of each two-year
period. The Commission believes that taking this approach will provide
the expertise and stability needed for effective participation in the
standards-setting process. The Commission seeks comment on these
proposals, as well as how many consumer stakeholders to designate.
28. The Commission proposes to define ``in consultation with
interested consumer stakeholders'' as signifying a
[[Page 80729]]
process in which consumer stakeholders designated by the Commission are
allowed to participate from the start and throughout the standards
development process. The Commission further proposes that when there is
adherence to this process, the resulting standards may become effective
for compliance purposes in an accelerated manner pursuant to section
710(c) of the Act as amended by the CVAA. The Commission seeks comment
on this proposal, and whether designated consumer stakeholders should
also be invited to serve as voting members of relevant standards
development committees such as TIA's TR-41 committee and ANSI ASC
C63[supreg]-EMC. Would such voting membership be consistent with
existing committee procedures, or would changes in committee procedures
or by-laws be needed to accommodate it? Further, regarding possible
steps to secure effective participation, the Commission seeks comment
on whether, in order to qualify as a consumer consultation process
under section 710(c) of the Act, organization membership fees that may
ordinarily be required for participation in the ANSI standards setting
process should be waived for Commission-designated consumer
stakeholders operating under a tax-exempt, non-profit status, and
whether reasonable accommodations, such as sign language interpreters
and communication access real-time translation (CART), should be
provided for the attendance and participation of such designees during
committee deliberations, at no cost to individuals needing such
accommodations. The Commission seeks comment on these proposals, their
costs and benefits, and their advantages or disadvantages in advancing
the purposes of section 710 of the Act. Commenters who believe that
other types of processes would be more appropriate and sufficient to
ensure effective public participation and ``consultation with
interested consumer stakeholders'' as required by section 710(c) of the
Act are asked to provide detailed proposals for how such alternatives
would achieve the desired objectives.
29. The Commission emphasizes that section 710(c) of the Act, as
amended, does not mandate that any standards-setting organization
change its procedures to provide for consultation with interested
consumer stakeholders designated by the Commission. In the event that a
standards-setting organization were to conclude that consultation with
consumer stakeholders, as defined by the rules adopted in this
proceeding, is not practicable or is inconsistent with the needs of the
organization, the only legal consequence would be that, as is currently
the case, standards developed by that organization would need to be
formally adopted in a Commission rulemaking before they could be relied
upon for hearing aid compatibility compliance purposes. Alternatively,
a standard could be developed by another organization through a process
that complies with section 710(c) of the Act and the Commission's
implementing rules. The Commission invites comment on whether, in the
event that ANSI chooses not to incorporate a consumer consultation
process into its standards-setting procedures, the Commission should
recognize another organization for purposes of section 710(c) of the
Act, and invites commenters supporting recognition of another
standards-setting body to propose other bodies for consideration.
30. In order to fully implement section 710(c) of the Act, as
amended, it appears necessary to provide for Commission review of HAC
standards after they have been developed, while allowing industry to
rely on such standards for HAC compliance purposes ``until such time as
the Commission may determine otherwise.'' The Commission proposes that,
upon publication by ANSI of a new or revised HAC standard, the relevant
Bureaus and Offices shall issue a public notice describing such
standard, specifying the effective date set by ANSI and the equipment
and services to which the standard applies, and indicating where the
standard and related information can be obtained. The Commission
proposes that in such public notice, the relevant Bureaus and Offices
shall initiate a review of the standard by seeking public comment on
(1) whether the public participation and consumer consultation
processes specified by section 710(c) of the Act and by the rules
adopted in this proceeding were followed in developing the new or
revised standard, and (2) whether the use of the standard to determine
whether wireline telephones, other customer premises equipment, or
wireless handsets are hearing aid compatible meets the substantive
requirements of section 710 of the Act. The Commission seeks comment on
this proposal generally, its costs and benefits, and the following
matters in particular.
31. The Commission invites comment on whether ANSI should be
permitted to seek Commission review of a draft standard that has been
approved by a subcommittee before it is formally approved by the parent
committee, or before it is adopted through a public review process.
Would the benefit of earlier Commission approval that could be gained
by initiating review at an intermediate stage justify the potential for
administrative waste if a draft standard is subsequently revised prior
to its final adoption by the standards-setting organization? What other
advantages or disadvantages are there for allowing such intermediate
review?
32. The Commission proposes that the Commission's review be
conducted by the relevant Bureau--CGB in the case of wireline standards
and WTB in the case of wireless standards--in conjunction with the
Office of Engineering and Technology (OET), and that such review be
completed, and a determination issued by the relevant bureau approving
or disapproving such standards, no later than 180 days after the review
period begins. The Commission seeks comment on whether this timetable
will be sufficient to ensure that the Commission addresses its
responsibilities under section 710(c) of the Act. The Commission also
seeks comment on what consequences should ensue in the event that the
timetable is not met. Should the standard be deemed approved? Or should
the proceeding remain open, so that a decision approving or
disapproving the standard could still be made based on the record
compiled, despite the expiration of the timetable? The Commission
invites commenters to suggest alternative processes, such as, for
Commercial Mobile Radio Service (CMRS) handsets, modification of the
existing delegations of authority under Sec. 20.19(k) of its rules,
that they believe will more effectively or appropriately address the
Commission's section 710(c) of the Act responsibilities.
33. The Commission seeks comment on the necessity of, and the
appropriate procedure for, amending the Commission's rules to reflect
Commission approval of a standard developed by ANSI in accordance with
the manner described above. The Commission proposes that, where a
technical standard has been approved for HAC compliance purposes
pursuant to the Commission review process described above, such
approval shall be codified in the Commission's rules. The Commission
seeks comment on this proposal. The Commission also seeks comment on
the appropriate procedure for phasing out reliance on a standard when
it has been superseded by a revised version, i.e., whether and how to
terminate industry's ability to rely on a superseded standard.
[[Page 80730]]
34. The Commission seeks comment on whether the various processes
set forth above for implementation of section 710(c) of the Act are
consistent with section 559 of the Administrative Procedure Act (APA),
which states that a ``[s]ubsequent statute may not be held to supersede
or modify [the APA] . . . except to the extent that it does so
expressly.'' 5 U.S.C. 559. The District of Columbia Circuit has held
that a statute may be found to authorize an administrative agency to
adopt rules outside of an APA procedure if ``Congress has established
procedures so clearly different from those required by the APA that it
must have intended to displace the norm.'' Asiana Airlines v. FAA, 134
F.3d 393, 397 (D.C. Cir. 1998). Specifically, the Commission seeks
comment on the extent to which commenters believe that any components
of the above processes differ from processes required by the APA, and
whether Sec. 710(c) of the Act nevertheless authorizes the Commission
to implement such processes.
Incorporation by Reference
35. The Office of Federal Register (OFR) recently revised the
regulations to require that agencies must discuss in the preamble of a
proposed rule ways that the materials the agency proposes to
incorporate by reference are reasonably available to interested parties
or how it worked to make those materials reasonably available to
interested parties. In addition, the preamble of the proposed rule must
summarize the material. 1 CFR 51.5(a). In accordance with OFR's
requirements, the discussion in this section summarizes the 2012 ANSI
Wireline Volume Control Standard. The following document is available
from the American National Standards Institute (ANSI), Sales
Department, 11 West 42nd Street, 13th Floor, New York, NY 10036, (212)
642-4900, or at http://global.ihs.com/search_res.cfm?RID=TIA&INPUT_DOC_NUMBER=ANSI/TIA-4965: ``ANSI/TIA-4965-
2012, Receive Volume Control Requirements for Digital and Analog
Wireline Terminals.'' This standard modifies in two ways the manner in
which amplification is measured for wireline phones. First, the
standard discontinues the use of an IEC-318 coupler and specifies
instead the Head and Torso Simulator (HATS) method. Second, the
standard replaces the Receive Objective Loudness Rating (ROLR) method
of calibrating amplification with a new method called Conversational
Gain.
Initial Regulatory Flexibility Act Analysis
36. As required by the Regulatory Flexibility Act, the Commission
has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant economic impact on a substantial number of small
entities by the policies and rules proposed in document FCC 15-144.
Written public comments are requested on this IRFA. Comments must be
identified as responses to the IRFA and must be filed by the applicable
deadline for comments as indicated in the DATES section. The Commission
will send a copy of document FCC 15-144, including this IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration (SBA).
See 5 U.S.C. 603(a).
Need For, and Objectives of, the Proposed Rules
37. The Commission proposes to amend the HAC rules with the goal of
ensuring that Americans with hearing loss are able to access wireline
and wireless communications services through a wide array of phones,
including VoIP telephones.
38. Regarding wireline equipment, the Commission seeks comment on a
Commission proposal to incorporate into the rules a revised industry
volume control standard--ANSI/TIA-4965-2012 (2012 ANSI Wireline Volume
Control Standard)--that appears likely to improve the ability of people
with hearing loss to select wireline telephones with sufficient volume
control to meet their communication needs and provide greater
regulatory certainty for the industry. The revised standard modifies
the physical set-up for measuring amplification for wireline phones, by
discontinuing the use of an IEC-318 coupler, which must form a seal
with the telephone handset, and specifying instead the HATS method,
which uses a mannequin with a human pinna (outer ear) simulator. In
addition, the new standard replaces the ROLR method of calibrating
amplification with a new method called Conversational Gain. According
to TIA, the new standard will provide a more consistent experience of
amplified gain level, enabling consumers with hearing loss to better
assess and compare the merits of various models of terminal equipment.
The Commission believes that incorporating the 2012 ANSI Wireline
Volume Control Standard into the wireline volume control rule will make
the rule more effective in ensuring that people with hearing loss have
``equal access to the national telecommunications network'' (Public Law
100-394, sec. 2(1)) and that telephones provide ``an internal means for
effective use with hearing aids'' (47 U.S.C. 610(b)).
39. The Commission also proposes to apply the Commission's wireline
telephone volume control and other HAC requirements to handsets used
with VoIP services. See 47 CFR 68.4, 68.6. This proposal implements the
CVAA (Public Law 111-260; Public Law 111-265), which provides that the
HAC requirements of the Act apply to all customer premises equipment
used with advanced communications services, including VoIP services.
The Commission seeks comment on the costs, benefits, and technical
impacts of applying the rules to VoIP equipment, whether volume control
and inductive coupling parameters for such equipment can be effectively
measured under the 2012 ANSI Wireline Volume Control Standard and the
currently applicable inductive coupling standard (47 CFR 68.316,
68.317), the appropriate timetables or benchmarks that may be necessary
to take account of technical feasibility or to ensure the marketability
or availability of new technologies to users, whether any different
treatment of VoIP CPE is appropriate under the part 68 rules addressing
complaint handling, labeling, certifications, and suppliers'
declarations of conformity, and whether it would be appropriate to
require registration of VoIP CPE in a public database, such as the
database of terminal equipment that ACTA administers.
40. Regarding wireless equipment, the Commission seeks comment on a
Commission proposal to adopt a volume control rule and standard for
wireless handsets. In light of the greatly expanded role of wireless
voice communications in our society, the Commission believes that
adopting a specific volume control requirement for wireless handsets is
necessary to achieve effective acoustic coupling and improve
communication for people with hearing loss. The Commission seeks
comment on the costs and benefits of adopting a volume control
requirement for wireless handsets, what specific burdens, if any, are
associated with requiring handsets to achieve a specified amplification
level, and whether a volume control requirement should apply to all
wireless handsets or to a subset of total handset sales or models, as
with the current HAC rule. Finally, the Commission seeks comment on the
appropriate standard for volume control in wireless phones and on
whether to address, via standards or through other means, factors other
than
[[Page 80731]]
amplification that affect the ability of consumers with hearing loss to
hear and understand speech received over wireless handsets, such as
frequency response and distortion and magnetic field strength issues.
41. In addition, the Commission seeks comment on its proposals to
require manufacturers to use exclusively the 2011 ANSI Wireless HAC
Standard for certifying future handsets as hearing aid compatible and
to eliminate the power-down exception to the existing wireless HAC
rule. 47 CFR 20.19(e)(1)(iii). Since July 2013, manufacturers appear to
have been using the 2011 ANSI Wireless HAC Standard to test the vast
majority of their new handsets. In order to facilitate meeting the 2007
version of the standard, certain handsets were allowed to be tested
using less than maximum output power, but that exception appears to be
unnecessary for purposes of meeting the 2011 standard.
42. Regarding all equipment subject to HAC requirements, the
Commission seeks comment on a proposed streamlined process for allowing
manufacturers and service providers to rely on a new or revised
technical standard as sufficient for assessing compliance with relevant
HAC requirements, without a prior Commission rulemaking, if the
standard is developed by an ANSI-accredited standards development
organization in accordance with an appropriate public participation
process and in consultation with consumer stakeholders designated by
the Commission, as required by the CVAA. Public Law 111-260, sec.
102(b); 47 U.S.C. 610(c). In particular, the Commission seeks comment
on its proposals to recognize the ANSI process as a ``public
participation process'' for purposes of 47 U.S.C. 610(c), to require
that for a standard to qualify for accelerated incorporation into the
HAC rule, consumer stakeholders designated by the Commission must be
allowed to participate throughout the standards development process,
and to provide for streamlined Commission post-effectiveness review of
standards to ensure consistency with statutory requirements.
Legal Basis
43. The authority for this proposed rulemaking is contained in
sections 4(i) and 710 of the Act. 47 U.S.C. 154(i), 610.
Description and Estimate of the Number of Small Entities Impacted
44. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules and policies, if adopted. The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. Pursuant to 5 U.S.C. 601(3), the statutory
definition of a small business applies ``unless an agency, after
consultation with the Office of Advocacy of the Small Business
Administration and after opportunity for public comment, establishes
one or more definitions of such term which are appropriate to the
activities of the agency and publishes such definition(s) in the
Federal Register.'' A ``small business concern'' is one that: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA.
45. Small Entities. The Commission's actions, over time, may affect
small entities that are not easily categorized at present. The
Commission therefore describes here, at the outset, three comprehensive
small entity size standards that encompass entities that could be
directly affected by the proposals under consideration. As of 2009,
small businesses represented 99.9% of the 27.5 million businesses in
the United States, according to the SBA. Additionally, a ``small
organization'' is generally any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
Nationwide, as of 2007, there were approximately 1,621,215 small
organizations. Independent Sector, ``The New Nonprofit Almanac and Desk
Reference'' (2010). Finally, the term ``small governmental
jurisdiction'' is defined generally as ``governments of cities, towns,
townships, villages, school districts, or special districts, with a
population of less than fifty thousand.'' Census Bureau data for 2011
indicate that there were 90,056 local governmental jurisdictions in the
United States. The Commission estimates that, of this total, as many as
89,327 entities may qualify as ``small governmental jurisdictions.''
Thus, the Commission estimates that most local governmental
jurisdictions are small.
46. Wireless Telecommunications Carriers (except satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular phone services,
paging services, wireless Internet access, and wireless video services.
The appropriate size standard under SBA rules is for the category
Wireless Telecommunications Carriers (except satellite). For that
category a business is small if it has 1,500 or fewer employees. For
this category, census data for 2007 show that there were 1,383 firms
that operated for the entire year. Of this total, 1,368 firms had
employment of fewer than 1,000 employees. Thus, under this category and
the associated small business size standard, the Commission estimates
that the majority of wireless telecommunications carrier (except
satellite) firms are small.
47. Satellite Telecommunications. According to the U.S. Census
Bureau, the category of ``Satellite Telecommunications'' comprises
firms ``primarily engaged in providing telecommunications services to
other establishments in the telecommunications and broadcasting
industries by forwarding and receiving communications signals via a
system of satellites or reselling satellite telecommunications.'' The
category has a small business size standard of $32.5 million or less in
average annual receipts, under SBA rules. For this category, Census
Bureau data for 2007 show that there were a total of 512 firms that
operated for the entire year. Of this total, 482 firms had annual
receipts of less than $25 million. Consequently, the Commission
estimates that the majority of satellite telecommunications providers
are small entities that might be affected by its action.
48. All Other Telecommunications. ``All Other Telecommunications''
is defined by the U.S. Census Bureau as follows: ``This U.S. industry
comprises establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems.
Establishments providing Internet services or VoIP services via client-
supplied telecommunications connections are also included in this
industry.'' The SBA has developed a small business size standard for
All Other Telecommunications, which consists of all such firms with
gross annual receipts of $32.5 million or less. For this
[[Page 80732]]
category, census data for 2007 show that there were 2,383 firms that
operated for the entire year. Of those firms, a total of 2,346 had
gross annual receipts of less than $25 million. Thus, a majority of All
Other Telecommunications firms potentially affected by the proposed
rule can be considered small.
49. Telephone Apparatus Manufacturing. The Census Bureau defines
this category to comprise ``establishments primarily engaged in
manufacturing wire telephone and data communications equipment.'' The
Census Bureau further states: ``These products may be stand alone or
board-level components of a larger system. Examples of products made by
these establishments are central office switching equipment, cordless
telephones (except cellular), PBX equipment, telephones, telephone
answering machines, LAN modems, multi-user modems, and other data
communications equipment, such as bridges, routers, and gateways.'' In
this category the SBA deems a telephone apparatus manufacturing
business to be small if it has 1,000 or fewer employees. For this
category of manufacturers, census data for 2007 showed that there were
398 such establishments that operated that year. Of those 398
establishments, 393 had fewer than 1,000 employees. Thus, under this
size standard, the majority of establishments in this industry can be
considered small.
50. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. The Census Bureau defines this industry as
comprising ``establishments primarily engaged in manufacturing radio
and television broadcast and wireless communications equipment.
Examples of products made by the establishments are: transmitting and
receiving antennas, cable television equipment, GPS equipment, pagers,
cellular phones, mobile communications equipment, and radio and
television studio and broadcasting equipment.'' The SBA has established
a size standard for this industry that classifies any business in this
industry as small if it has 750 or fewer employees. Census Bureau data
for 2007 indicate that in that year 939 such businesses operated. Of
that number, 912 businesses operated with less than 500 employees.
Based on this data, the Commission concludes that a majority of
businesses in this industry are small by the SBA standard.
51. Electronic Computer Manufacturing. According to the U.S. Census
Bureau, this category ``comprises establishments primarily engaged in
manufacturing and/or assembling electronic computers, such as
mainframes, personal computers, workstations, laptops, and computer
servers. Computers can be analog, digital, or hybrid. Digital
computers, the most common type, are devices that do all of the
following: (1) Store the processing program or programs and the data
immediately necessary for the execution of the program; (2) can be
freely programmed in accordance with the requirements of the user; (3)
perform arithmetical computations specified by the user; and (4)
execute, without human intervention, a processing program that requires
the computer to modify its execution by logical decision during the
processing run. Analog computers are capable of simulating mathematical
models and contain at least analog, control, and programming elements.
The manufacture of computers includes the assembly or integration of
processors, coprocessors, memory, storage, and input/output devices
into a user-programmable final product.'' The SBA has developed a small
business size standard for this category of manufacturing; that size
standard is 1,000 or fewer employees. According to Census Bureau data
for 2007, there were 425 establishments in this category that operated
that year. Of these, 419 had less 1,000 employees. Consequently, the
Commission estimates that the majority of these establishments are
small entities that may be affected by its action.
52. Computer Terminal Manufacturing. According to the U.S. Census
Bureau, this category ``comprises establishments primarily engaged in
manufacturing computer terminals. Computer terminals are input/output
devices that connect with a central computer for processing.'' As of
December 2, 2014, the category ``Computer Terminal Manufacturing,''
North American Industry Classification System (NAICS) Code 334113, was
superseded by a new NAICS Code classification, ``Computer Terminal and
Other Computer Peripheral Manufacturing,'' NAICS Code 334118. However,
since this rule making concerns only computer terminal manufacturing,
only national data from the 2007 Census has been used to provide
information about that industry. The SBA size standard, defining a firm
within that industry as small if it has 1,000 or less employees,
remained unchanged when NAICS Code 334113 was changed to NAICS Code
334118. The SBA has developed a small business size standard for this
category of manufacturing; that size standard is 1,000 or fewer
employees. According to Census Bureau data for 2007, there were 43
establishments in this category that operated that year. Of this total,
all 43 had less than 500 employees. Consequently, the Commission
estimates that the majority of these establishments are small entities
that may be affected by its action.
53. Software Publishers. According to the U.S. Census Bureau, this
category ``comprises establishments primarily engaged in computer
software publishing or publishing and reproduction. This industry
comprises establishments primarily engaged in computer software
publishing or publishing and reproduction. Establishments in this
industry carry out operations necessary for producing and distributing
computer software, such as designing, providing documentation,
assisting in installation, and providing support services to software
purchasers. These establishments may design, develop, and publish, or
publish only.'' The SBA has developed a small business size standard
for software publishers, which consists of all such firms with gross
annual receipts of $38.5 million or less. For this category, census
data for 2007 show that there were 5,313 firms that operated for the
entire year. Of those firms, a total of 4,956 had gross annual receipts
less than $25 million. Thus, a majority of software publishers
potentially affected by the proposed rule can be considered small.
Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
54. Certain rule changes proposed, if adopted by the Commission,
would modify rules or add requirements governing reporting,
recordkeeping, and other compliance obligations.
55. If the Commission were to incorporate the 2012 ANSI Wireline
Volume Control Standard into the wireline volume control rules and
eliminate the currently applicable standard after a transition period,
such action would alter the compliance obligations of wireline
telephone apparatus manufacturers, including small entities, by
requiring them to use a different method for testing and evaluating
compliance with the volume control requirement.
56. If the Commission were to explicitly apply some or all of the
Commission's wireline telephone volume control and other HAC rules,
which include related labeling, certification, complaint processing,
and registration requirements, to handsets used with VoIP services,
such action
[[Page 80733]]
would impose new compliance obligations and reporting and recordkeeping
obligations on some wireline telephone apparatus manufacturers,
electronic computer manufacturers, computer terminal manufacturers, and
software publishers, including small entities.
57. If the Commission were to adopt a rule and standard for
wireless handsets to address volume control and other acoustic coupling
issues, such action would impose new compliance obligations and may
impose additional reporting and recordkeeping obligations on wireless
telecommunications carriers, satellite telecommunications providers,
and wireless communications equipment manufacturers, including small
entities.
58. If the Commission were to modify the 2011 ANSI Wireless HAC
Standard to achieve more effective coupling between handsets and
hearing aids or cochlear implants, such action would alter the
compliance obligations of wireless telecommunications carriers,
satellite telecommunications providers, and wireless communications
equipment manufacturers, including small entities. However, such
changes would not result in new regulatory burdens.
59. If the Commission were to require manufacturers to use
exclusively the 2011 ANSI Wireless HAC Standard (with any modifications
adopted in this rulemaking) to certify future handsets as hearing aid
compatible and eliminate the power-down exception to the existing
wireless HAC rule, such action would alter the compliance obligations
of wireless telecommunications carriers, satellite telecommunications
providers, and wireless communications equipment manufacturers,
including small entities. However, such changes would not result in new
regulatory burdens.
60. If the Commission were to adopt a rule providing that, pursuant
to section 710(c) of the Act, equipment may be considered to be in
compliance with HAC rules if it complies with relevant ANSI technical
standards, such action could affect the compliance obligations of
wireless telecommunications carriers, satellite telecommunications
providers, and wireless communications equipment manufacturers,
including small entities.
Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
61. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities. 5 U.S.C. 603(b).
62. Regarding the Commission's proposal to incorporate the 2012
ANSI Wireline Volume Control Standard into the wireline volume control
rules, the Commission notes that 2012 ANSI Wireline Volume Control
Standard is a performance standard, not a design standard, and
therefore implements alternative (3) above. Further, to minimize the
difficulty of adjusting to the revised standard, the Commission
proposes to allow a phase-in period during which manufacturers may
comply with either the existing standard or the 2012 ANSI Wireline
Volume Control Standard. Finally, to limit any potential burdens
regarding the impact of the proposed rule change and future rule
changes on previously manufactured telephones, the Commission proposes
to amend its rules to allow the existing inventory and installed base
of telephones that comply with the existing volume control standard to
remain in place until retired and to clarify that future minor changes
to the HAC and volume control standards will not result in a
requirement to modify existing inventories or installed telephones.
Each of these possible approaches, if adopted, could help minimize the
impact of the revised standard on small entities. Further, if this
revised standard more accurately measures the amplification achievable
by wireline telephone products, incorporation of this standard could
lighten regulatory burdens by increasing market certainty, promoting a
level playing field, and reducing the number of complaints made to
manufacturers by consumers of their products.
63. Regarding the Commission's proposal to amend 47 CFR part 68 to
explicitly provide that customer premises equipment used with a VoIP
service is subject to the wireline HAC and volume control requirements,
the Commission notes that the standards provided in the rules are
performance standards, not design standards. Further, the proposed rule
amendment could increase regulatory certainty and market fairness
regarding the application of the wireline HAC rules. In addition, the
Commission seeks comment on the appropriate timetables or benchmarks
that may be necessary in order to take account of technical feasibility
or to ensure the marketability or availability of new technologies to
users. Such timetables or benchmarks could help minimize the impact of
the revised standard on small entities.
64. Regarding the Commission's proposals (1) to adopt a rule and
standard for wireless handsets to address volume control, (2) to
require manufacturers to use the 2011 ANSI Wireless HAC Standard
exclusively and (3) to eliminate the power-down exception to the
existing wireless HAC rule, the Commission notes that the 2011 ANSI
Wireless HAC Standard is a performance standard, not a design standard.
In addition, the existing HAC rule limits the number of models that
must comply with the rule, especially for smaller carriers and
manufacturers, and the Commission seeks comment on whether a volume
control requirement, if adopted, should utilize the same approach,
which could help minimize the impact on small entities.
65. Regarding the Commission's proposal to permit industry to rely
on HAC standards developed pursuant to section 710(c) of the Act, in
advance of a Commission rulemaking, such action would not result in new
or increased regulatory burdens and may decrease regulatory burdens on
small entities.
Federal Rules Which Duplicate, Overlap, or Conflict With, the
Commission's Proposals
66. None.
List of Subjects in 47 CFR Parts 20 and 68
Incorporation by reference, Individuals with disabilities,
Telecommunications, Telephones.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend title 47 of the Code
Federal Regulations as follows:
PART 20--COMMERCIAL MOBILE SERVICES
0
1. The authority citation for part 20 continues to read as follows:
Authority: 47 U.S.C. 151, 152(a), 154(i), 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, 615, 615a, 615b, 615c.
0
2. Amend Sec. 20.19 by:
[[Page 80734]]
0
a. Revising paragraphs (b)(1) and (2) and (l) introductory text;
0
b. Removing the word ``and'' at the end of paragraph (e)(1)(ii)(B) and
removing the period at the end of paragraph (e)(1)(ii)(C) and adding
``; and'' in its place; and
0
c. Adding paragraphs (e)(1)(iii)(D) and (k)(3).
The revisions and additions read as follows:
Sec. 20.19 Hearing aid-compatible mobile handsets.
* * * * *
(b) Hearing aid compatibility; technical standards--(1) For radio
frequency interference and other aspects of acoustic coupling--(i)
Radio frequency interference. A wireless handset submitted for
equipment certification or for a permissive change relating to hearing
aid compatibility must either comply with a standard meeting the
requirements of paragraph (k)(3) of this section or meet, at a minimum,
the M3 rating associated with the technical standard set forth in the
standard document ``American National Standard Methods of Measurement
of Compatibility Between Wireless Communication Devices and Hearing
Aids,'' ANSI C63.19-2011. Any grants of certification issued before
[SIX MONTHS AFTER THE EFFECTIVE DATE OF THE FINAL RULE], under previous
versions of ANSI C63.19 remain valid for hearing aid compatibility
purposes.
(ii) Volume control. A wireless handset submitted for equipment
certification or for a permissive change relating to hearing aid
compatibility must include volume control that is compliant with a
relevant technical standard established or approved by the Commission
pursuant to 47 U.S.C. 710(c).
(2) For inductive coupling. A wireless handset submitted for
equipment certification or for a permissive change relating to hearing
aid compatibility must either comply with a standard meeting the
requirements of paragraph (k)(3) of this section or meet, at a minimum,
the T3 rating associated with the technical standard set forth in the
standard document ``American National Standard Methods of Measurement
of Compatibility Between Wireless Communication Devices and Hearing
Aids,'' ANSI C63.19-2011. Any grants of certification issued before
[SIX MONTHS AFTER THE EFFECTIVE DATE OF THE FINAL RULE], under previous
versions of ANSI C63.19 remain valid for hearing aid compatibility
purposes.
* * * * *
(e) * * *
(1) * * *
(iii) * * *
(D) The handset was certified as meeting the requirements of
paragraph (b)(1) of this section with the power reduction prior to [SIX
MONTHS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].
* * * * *
(k) * * *
(3) Reliance on standards developed through a public participation
and consumer consultation process--(i) General. Wireless handsets that
are compliant with a new or revised technical standard developed in
accordance with this paragraph (k)(3) shall be considered hearing aid
compatible for purposes of each relevant requirement of this section
until such time as the Commission may determine otherwise.
(ii) Qualifying public participation standards development process.
For a handset to be considered hearing aid compatible under this
paragraph (k)(3), the handset must comply with a standard that was
developed through a voluntary and consensus-driven process under the
aegis of a standards-setting body that is recognized by the Commission
for purposes of this paragraph (k)(3). Such process must:
(A) Be open to participation by all relevant stakeholders who have
legitimate and meaningful interests in the process;
(B) Allow all interested parties, including consumers and groups
representing them, to comment on a proposed standard prior to adoption
and to have their comments considered by the working groups that
develop the standards; and
(C) Provide an appeal mechanism that allows interested parties to
seek review of standards-setting decisions.
(iii) Consultation with consumer stakeholders. For a handset to be
considered hearing aid compatible under this paragraph (k)(3), the
handset must comply with a standard that was developed in consultation
with interested consumer stakeholders as described in this paragraph
(k)(3)(iii). Consumer stakeholders designated by the Consumer and
Governmental Affairs Bureau shall be given the option to participate at
the start of and throughout the standards development process and shall
be invited to participate in relevant subcommittees and working groups.
Any organization membership fees that may ordinarily be required for
participation in the standards-setting process shall be waived for
consumer organizations operating under a tax-exempt, non-profit status,
and reasonable accommodations, such as sign language interpreters and
communication access real-time translation (CART), shall be provided,
as needed, for the attendance and participation of such designees
during committee deliberations, at no cost to individuals needing such
accommodations.
(l) The standards listed 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 material
associated with the standards listed in this paragraph (l) is available
for inspection at the Federal Communications Commission (FCC), 445 12th
St. SW., Reference Information Center, Room CY-A257, Washington, DC
20554 and is available from the sources indicated below. It is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.htm.
These standards may also be viewed on the ``ANSI Incorporated by
Reference (IBR) Portal'' at http://ibr/ansi.org/.
* * * * *
PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
0
3. The authority citation for part 68 continues to read as follows:
Authority: 47 U.S.C. 154, 303.
0
4. Revise Sec. 68.1 to read as follows:
Sec. 68.1 Purpose.
The purpose of the rules and regulations in this part is to provide
for uniform standards for the protection of the telephone network from
harms caused by the connection of terminal equipment and associated
wiring thereto, for the compatibility of hearing aids and telephones,
and the compatibility of hearing aids and customer premises equipment
used to access advanced communications services, so as to ensure that,
to the fullest extent made possible by technology and medical science,
people who are deaf and hard of hearing have equal access to the
national telecommunications network.
0
5. Amend Sec. 68.2 by revising paragraph (a) to read as follows:
Sec. 68.2 Scope.
(a) Except as provided in paragraphs (b) and (c) of this section,
the rules and
[[Page 80735]]
regulations apply to direct connection of all terminal equipment to the
public switched telephone network for use in conjunction with all
services other than party line services. Sections 68.4, 68.5, 68.6,
68.112, 68.160, 68.162, 68.201, 68.211 (except paragraph (a)(2)),
68.218, 68.224, and subparts D (except Sec. Sec. 68.318, 68.324(e)(1)
and (2), and 68.354) and E of this part also apply to ``ACS telephonic
CPE'' as defined in Sec. 68.3, for the purpose of achieving compliance
with hearing aid compatibility and volume control requirements.
* * * * *
0
6. Revise Sec. 68.3 to read as follows:
Sec. 68.3 Definitions.
ACS Telephonic CPE. Customer premises equipment used with advanced
communications services that is designed to provide 2-way voice
communication via a built-in speaker intended to be held to the ear in
a manner functionally equivalent to a telephone, except for mobile
handsets.
Advanced communications services. Interconnected VoIP service, non-
interconnected VoIP service, electronic messaging service, and
interoperable video conferencing service.
Demarcation point (also point of interconnection). As used in this
part, the point of demarcation and/or interconnection between the
communications facilities of a provider of wireline telecommunications,
and terminal equipment, protective apparatus or wiring at a
subscriber's premises.
Essential telephones. Only coin-operated telephones, telephones
provided for emergency use, and other telephones frequently needed for
use by persons using such hearing aids.
Harm. Electrical hazards to the personnel of providers of wireline
telecommunications, damage to the equipment of providers of wireline
telecommunications, malfunction of the billing equipment of providers
of wireline telecommunications, and degradation of service to persons
other than the user of the subject terminal equipment, his calling or
called party.
Hearing aid compatible. Except as used at Sec. Sec. 68.4(a)(3),
68.315, and 68.414, the terms ``hearing aid compatible'' or ``hearing
aid compatibility'' shall have the meaning defined in Sec. 68.316,
unless it is specifically stated that hearing aid compatibility volume
control, as defined in Sec. 68.317, is intended or is included in the
definition.
Inside wiring or premises wiring. Customer-owned or controlled wire
on the subscriber's side of the demarcation point.
Premises. As used herein, generally a dwelling unit, other building
or a legal unit of real property such as a lot on which a dwelling unit
is located, as determined by the provider of telecommunications
service's reasonable and nondiscriminatory standard operating
practices.
Private radio services. Private land mobile radio services and
other communications services characterized by the Commission in its
rules as private radio services.
Public mobile services. Air-to-ground radiotelephone services,
cellular radio telecommunications services, offshore radio, rural radio
service, public land mobile telephone service, and other common carrier
radio communications services covered by part 22 of title 47 of the
Code of Federal Regulations.
Responsible party. The party or parties responsible for the
compliance of terminal equipment or protective circuitry that is
intended for connection directly to the public switched telephone
network or for use with advanced communications services with the
applicable rules and regulations in this part and with any applicable
technical criteria published by the Administrative Council for Terminal
Attachments (see Sec. Sec. 68.604 and 68.608). If a Telecommunications
Certification Body certifies the terminal equipment, the responsible
party is the holder of the certificate for that equipment. If the
terminal equipment is the subject of a Supplier's Declaration of
Conformity, the responsible party shall be: the manufacturer of the
equipment, or the manufacturer of protective circuitry that is marketed
for use with terminal equipment that is not to be connected directly to
the network, or if the equipment is imported, the importer, or if the
equipment is assembled from individual component parts, the assembler.
If the equipment is modified by any party not working under the
authority of the responsible party, the party performing the
modifications, if located within the U.S., or the importer, if the
equipment is imported subsequent to the modifications, becomes the new
responsible party. Retailers or original equipment manufacturers may
enter into an agreement with the assembler or importer to assume the
responsibilities to ensure compliance of the terminal equipment and to
become the responsible party.
Secure telephones. Telephones that are approved by the United
States Government for the transmission of classified or sensitive voice
communications.
Terminal equipment. As used in this part, communications equipment
located on customer premises at the end of a communications link, used
to permit the stations involved to accomplish the provision of
telecommunications or information services. ``Terminal equipment''
includes ACS telephonic CPE.
0
7. Revise Sec. 68.201 to read as follows:
Sec. 68.201 Connection to the public switched telephone network.
Terminal equipment may not be connected to the public switched
network unless it has either been certified by a Telecommunications
Certification Body or the responsible party has followed all the
procedures in this subpart for Supplier's Declaration of Conformity.
ACS telephonic equipment must be certified by a Telecommunications
Certification Body or the responsible party has followed all the
procedures in this subpart for Supplier's Declaration of Conformity.
0
8. Amend Sec. 68.211 by revising paragraph (d) to read as follows:
Sec. 68.211 Terminal equipment approval revocation procedures.
* * * * *
(d) Reauthorization. A product that has had its approval revoked
may not be re-authorized for a period of six months from the date of
revocation of the approval.
* * * * *
0
9. Revise Sec. 68.218 to read as follows:
Sec. 68.218 Responsibility of the party acquiring equipment
authorization.
(a) In acquiring approval for terminal equipment to be connected to
the public switched telephone network or for ACS telephonic equipment,
the responsible party warrants that each unit of equipment marketed
under such authorization will comply with all applicable rules and
regulations of this part and with any applicable technical criteria of
the Administrative Council for Terminal Attachments (see Sec. Sec.
68.604 and 68.608).
(b) In the case of terminal equipment that is directly connected to
the public switched telephone network, the responsible party or its
agent shall provide the user of the approved terminal equipment the
following:
(1) Consumer instructions required to be included with approved
terminal equipment by the Administrative Council for Terminal
Attachments (see Sec. 68.610);
(2) For a telephone that is not hearing aid-compatible, as defined
in Sec. 68.316 of these rules:
(i) Notice that FCC rules prohibit the use of that handset in
certain locations; and
[[Page 80736]]
(ii) A list of such locations (see Sec. 68.112).
(c) When approval is revoked for any item of equipment, the
responsible party must take all reasonable steps to ensure that
purchasers and users of such equipment are notified to discontinue use
of such equipment.
0
10. Amend Sec. 68.300 by revising paragraph (a) to read as follows:
Sec. 68.300 Labeling requirements.
(a) Terminal equipment approved as set out in this part must be
labeled in accordance with any applicable requirements published by the
Administrative Council for Terminal Attachments (see Sec. Sec. 68.604
and 68.608) and with requirements of this part for hearing aid
compatibility and volume control.
* * * * *
0
11. Add Sec. 68.315 to subpart D to read as follows:
Sec. 68.315 Hearing aid compatibility; reliance on standards
developed through a public participation and consumer consultation
process.
(a) General. Telephones that are compliant with a new or revised
technical standard developed in accordance with this section shall be
considered hearing aid compatible for purposes of Sec. Sec. 68.4 and
68.6 until such time as the Commission may determine otherwise.
(b) Qualifying public participation standards development process.
For a telephone to be considered hearing aid compatible under this
section, the telephone and telephone handset must comply with a
standard that was developed through a voluntary and consensus-driven
process, under the aegis of a standards-setting body that is recognized
by the Commission for purposes of this section. Such process must:
(1) Be open to participation by all relevant stakeholders who have
legitimate and meaningful interests in the process;
(2) Allow all interested parties, including consumers and groups
representing them, to comment on a proposed standard prior to adoption
and to have their comments considered by the working groups that
develop the standards; and
(3) Provide an appeal mechanism that allows interested parties to
seek review of standards-setting decisions.
(c) Consultation with consumer stakeholders. For a telephone to be
considered hearing aid compatible under this section, the telephone and
telephone handset must comply with a standard that was developed in
consultation with interested consumer stakeholders as described in this
paragraph (c). Consumer stakeholders designated by the Consumer and
Governmental Affairs Bureau shall be given the option to participate at
the start of and throughout the standards development process and shall
be invited to participate in relevant subcommittees and working groups.
Any organization membership fees that may ordinarily be required for
participation in the standards-setting process shall be waived for
consumer organizations operating under a tax-exempt, non-profit status,
and reasonable accommodations, such as sign language interpreters and
communication access real-time translation (CART) shall be provided, as
needed, for the attendance and participation of such designees during
committee deliberations, at no cost to individuals needing such
accommodations.
0
12. Amend Sec. 68.316 by revising the introductory text to read as
follows:
Sec. 68.316 Hearing aid compatibility: Technical requirements.
A telephone handset is hearing aid compatible for the purposes of
this section if it complies with a standard meeting the requirements of
Sec. 68.315 or with the following standard, published by the
Telecommunications Industry Association, copyright 1983, and reproduced
by permission of the Telecommunications Industry Association:
* * * * *
0
13. Revise Sec. 68.317 to read as follows:
Sec. 68.317 Hearing aid compatibility volume control: technical
standards.
(a)(1) For telephones manufactured in the United States or imported
for use in the United States prior to [TWO YEARS AFTER PUBLICATION OF
THE FINAL RULE], such a telephone complies with the volume control
requirements of this section if it complies with:
(i) The applicable provisions of paragraphs (b) through (g) of this
section;
(ii) Paragraphs (h) and (i) of this section; or
(iii) A standard meeting the requirements of Sec. 68.315.
(2) For telephones manufactured in the United States or imported
for use in the United States on or after [TWO YEARS AFTER PUBLICATION
OF THE FINAL RULE], such a telephone complies with the volume control
requirements of this section if it complies with:
(i) Paragraphs (h) and (i) of this section; or
(ii) A standard meeting the requirements of Sec. 68.315.
(b) An analog telephone complies with the Commission's volume
control requirements if the telephone is equipped with a receive volume
control that provides, through the receiver in the handset or headset
of the telephone, 12 dB of gain minimum and up to 18 dB of gain
maximum, when measured in terms of Receive Objective Loudness Rating
(ROLR), as defined in paragraph 4.1.2 of ANSI/EIA-470-A-1987 (Telephone
Instruments With Loop Signaling). The 12 dB of gain minimum must be
achieved without significant clipping of the test signal. The telephone
also shall comply with the upper and lower limits for ROLR given in
table 4.4 of ANSI/EIA-470-A-1987 when the receive volume control is set
to its normal unamplified level.
Note to paragraph (b): Paragraph 4.1.2 of ANSI/EIA-470-A-1987
identifies several characteristics related to the receive response of a
telephone. It is only the normal unamplified ROLR level and the change
in ROLR as a function of the volume control setting that are relevant
to the specification of volume control as required by this section.
(c) The ROLR of an analog telephone shall be determined over the
frequency range from 300 to 3300 HZ for short, average, and long loop
conditions represented by 0, 2.7, and 4.6 km of 26 AWG nonloaded cable,
respectively. The specified length of cable will be simulated by a
complex impedance. (See Figure A.) The input level to the cable
simulator shall be -10 dB with respect to 1 V open circuit from a 900
ohm source.
(d) A digital telephone complies with the Commission's volume
control requirements if the telephone is equipped with a receive volume
control that provides, through the receiver of the handset or headset
of the telephone, 12 dB of gain minimum and up to 18 dB of gain
maximum, when measured in terms of Receive Objective Loudness Rating
(ROLR), as defined in paragraph 4.3.2 of ANSI/EIA/TIA-579-1991
(Acoustic-To-Digital and Digital-To-Acoustic Transmission Requirements
for ISDN Terminals). The 12 dB of gain minimum must be achieved without
significant clipping of the test signal. The telephone also shall
comply with the limits on the range for ROLR given in paragraph 4.3.2.2
of ANSI/EIA/TIA-579-1991 when the receive volume control is set to its
normal unamplified level.
(e) The ROLR of a digital telephone shall be determined over the
frequency range from 300 to 3300 Hz using the
[[Page 80737]]
method described in paragraph 4.3.2.1 of ANSI/EIA/TIA-579-1991. No
variation in loop conditions is required for this measurement since the
receive level of a digital telephone is independent of loop length.
(f) The ROLR for either an analog or digital telephone shall first
be determined with the receive volume control at its normal unamplified
level. The minimum volume control setting shall be used for this
measurement unless the manufacturer identifies a different setting for
the nominal volume level. The ROLR shall then be determined with the
receive volume control at its maximum volume setting. Since ROLR is a
loudness rating value expressed in dB of loss, more positive values of
ROLR represent lower receive levels. Therefore, the ROLR value
determined for the maximum volume control setting should be subtracted
from that determined for the nominal volume control setting to
determine compliance with the gain requirement.
(g) The 18 dB of receive gain may be exceeded provided that the
amplified receive capability automatically resets to nominal gain when
the telephone is caused to pass through a proper on-hook transition in
order to minimize the likelihood of damage to individuals with normal
hearing.
(h) A telephone complies with the Commission's volume control
requirements if it is equipped with a receive volume control that
provides, through the receiver in the handset or headset of the
telephone, 18 dB of Conversational Gain minimum and up to 24 dB of
Conversational Gain maximum when measured as described in ANSI/TIA-
4965-2012 (Telecommunications--Telephone Terminal Equipment--Receive
Volume Control Requirements for Digital and Analog Wireline
Telephones). The 18 dB of Conversational Gain minimum must be achieved
without significant clipping of the speech signal used for testing.
(i) The 24 dB of Conversational Gain maximum may be exceeded
provided the amplified receive capability automatically resets to a
level less than 18 dB of Conversational Gain when the telephone is
caused to pass through a proper on-hook transition in order to minimize
the likelihood of damage to individuals with normal hearing.
(j) These incorporations by reference of paragraph 4.1.2 (including
table 4.4) of American National Standards Institute (ANSI) Standard
ANSI/EIA-470-A-1987, paragraph 4.3.2 of ANSI/EIA/TIA-579-1991, and
ANSI/TIA-4965-2012 were approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
of these publications may be purchased from the American National
Standards Institute (ANSI), Sales Department, 11 West 42nd Street, 13th
Floor, New York, NY 10036, (212) 642-4900, or http://global.ihs.com/.
Copies also may be inspected during normal business hours at the
following locations: Consumer and Governmental Affairs Bureau,
Reference Information Center, Federal Communications Commission, 445
12th Street SW., Washington, DC 20554; and the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. These standards may also be viewed on the ``ANSI
Incorporated by Reference (IBR) Portal'' at http://ibr.ansi.org/.
(k) Manufacturers and other responsible parties of telephones
subject to this rule shall engage in consultation with people with
hearing loss and their representative organizations for the purpose of
assessing the effectiveness of the standard adopted pursuant to
paragraph (j) of this section. Such consultation shall include testing
a sample of products certified to be compliant with the revised
standard to evaluate whether products compliant with such standard are
providing a uniform and appropriate range of volume to meet the
telephone needs of consumers. Such consultation and testing shall occur
by [ONE YEAR AFTER THE EFFECTIVE DATE OF THE FINAL RULE], pursuant to
paragraph (j) of this section, with follow-up every three years
thereafter to assess the impact of these technological changes.
0
14. Amend Sec. 68.320 by revising paragraph (e) to read as follows:
Sec. 68.320 Supplier's Declaration of Conformity.
* * * * *
(e) No person shall use or make reference to a Supplier's
Declaration of Conformity in a deceptive or misleading manner or to
convey the impression that such a Supplier's Declaration of Conformity
reflects more than a determination by the responsible party that the
device or product has been shown to be capable of complying with the
applicable technical.
0
15. Amend Sec. 68.324 by adding paragraphs (e) introductory text and
(g) to read as follows:
Sec. 68.324 Supplier's Declaration of Conformity requirements.
* * * * *
(e) For terminal equipment that is directly connected to the public
switched telephone network:
* * * * *
(g) For ACS telephonic CPE subject to a Supplier's Declaration of
Conformity, the responsible party shall make a copy of the Supplier's
Declaration of Conformity freely available to the general public on its
company Web site.
[FR Doc. 2015-31368 Filed 12-24-15; 8:45 am]
BILLING CODE 6712-01-P