Hearing Aid-Compatible Telephones, 43323-43325 [05-14613]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
winning bids. The word ‘‘cash’’ is
defined as ‘‘money or its equivalent;’’ or
‘‘ready money’’ and ‘‘proceeds’’ is
defined as ‘‘the money obtained from a
commercial or fund-raising venture:
yield.’’
3. In addition to the language of the
statute, the purpose underlying the
revenue requirement of CSEA supports
a determination that ‘‘total cash
proceeds’’ is based on winning bids net
of bidding credits. Given that Congress’s
purpose was to provide a mechanism for
making sufficient funds available to
relocating Federal agencies, it is
reasonable to assume that Congress did
not intend the Commission, in
determining whether the ‘‘total cash
proceeds’’ requirement has been met, to
count those portions of winning bids for
which the bidder would receive credit
and not have to pay. Accordingly, the
Commission does not read CSEA to
equate the amount of the gross winning
bids with the total cash proceeds of the
auction.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–14841 Filed 7–26–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 9
[WC Docket No. 04–36; FCC 05–116]
E911 Requirements for IP-Enabled
Services
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
SUMMARY: This document announces
that the information collection
requirements adopted in the IP-Enabled
Services First Report and Order (Order)
were approved in OMB No. 3060–1085
and will become effective on July 29,
2005, in 47 CFR 9.5.
DATES: The rule in 47 CFR 9.5,
published at 70 FR 37273, June 29, 2005
is effective July 29, 2005.
Compliance Date: Compliance with
the customer notification requirements
in § 9.5(e) is required by July 29, 2005.
The compliance letter required by
§ 9.5(f) must be submitted to the
Commission no later than November 28,
2005. Compliance with the
requirements in § 9.5(b) through (d) is
not required until November 28, 2005.
FOR FURTHER INFORMATION CONTACT:
Christi Shewman, Attorney-Advisor,
VerDate jul<14>2003
18:34 Jul 26, 2005
Jkt 205001
Competition Policy Division, Wireline
Competition Bureau, at (202) 418–1686.
For additional information concerning
the Paperwork Reduction Act
information collection requirements,
contact Judith B. Herman at (202) 418–
0214, or via the Internet at JudithB.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION: A
summary of the IP-Enabled Services
First Report and Order was published in
the Federal Register on June 29, 2005,
70 FR 37273. The IP-Enabled Services
First Report and Order adopted rules
requiring providers of interconnected
voice over Internet Protocol (VoIP)
service—meaning VoIP service that
allows a user generally to receive calls
originating from and to terminate calls
to the public switched telephone
network—to supply enhanced 911
capabilities to all of their customers as
a standard feature of the service, rather
than as an optional enhancement. The
summary stated that with the exception
of rules requiring Office of Management
and Budget (OMB) approval, the rules
adopted in the IP-Enabled Services First
Report and Order would become
effective July 29, 2005. With regard to
rules requiring OMB approval, the
Commission stated that it would
publish a document in the Federal
Register announcing the effective date
of these rules. The information
collection requirements in § 9.5 have
been approved by OMB. In a separate
document published in this issue, the
Commission has announced that OMB
has approved the information collection
requirements adopted in the IP-Enabled
Services First Report and Order. With
publication of the instant document in
the Federal Register, all rules adopted
in the IP-Enabled Services First Report
and Order are effective July 29, 2005.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–14842 Filed 7–26–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[WT Docket No. 01–309; FCC 05–122]
Hearing Aid-Compatible Telephones
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document the
Commission grants in part and denies in
part petitions for reconsideration of the
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
43323
Hearing Aid Compatibility Order, which
lifted the blanket exemption for digital
wireless telephones under the Hearing
Aid Compatibility Act of 1988 (HAC
Act). The Commission’s actions, as
reflected in this document, further
ensure that every American has access
to the benefits of digital wireless
telecommunications, including
individuals with hearing disabilities.
DATES: Effective August 26, 2005.
FOR FURTHER INFORMATION CONTACT:
Andra Cunningham,
Andra.Cunningham@fcc.gov, Public
Safety and Critical Infrastructure
Division, Wireless Telecommunications
Bureau, (202) 418–1630 or TTY (202)
418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Federal
Communications Commission’s Order
on Reconsideration FCC 05–122,
adopted on June 9, 2005 and released on
June 21, 2005. The full text of this
document is available for inspection
and copying during normal business
hours in the FCC Reference Information
Center, 445 12th Street, SW.,
Washington, DC 20554. The complete
text may be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. To request materials in
accessible formats for people with
disabilities (braille, large print,
electronic files, audio format), send an
e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
1. On August 14, 2003, the
Commission released the Hearing Aid
Compatibility Order, finding, among
other things, that the statutory criteria to
lift the exemption for wireless
telephones had been met. Specifically,
the Commission determined that
continuation of Congress’ exemption for
wireless telephones would have an
adverse effect on individuals with
hearing disabilities, and that revoking
the exemption was technologically
feasible and in the public interest. The
Commission further determined that
compliance with hearing aid
compatibility requirements ‘‘would not
increase the costs of [wireless] phones
to such an extent that they could not be
successfully marketed.’’
2. Based upon these findings, the
Commission established requirements
for hearing aid compatibility of digital
wireless phones. First, the Commission
adopted the ANSI C63.19 performance
levels as the applicable technical
standard. Second, the Commission
established specific, phased-in
E:\FR\FM\27JYR1.SGM
27JYR1
43324
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
deployment benchmarks for digital
wireless handset manufacturers,
wireless carriers and service providers
offering digital wireless services. Third,
the Commission implemented a
framework for labeling and live, in-store
consumer testing of digital wireless
handsets, as well as an obligation to
report on handset deployment progress.
Fourth, the Commission adopted a de
minimis exception, which relieves
wireless carriers, service providers and
handset manufacturers that offer two or
fewer digital wireless handsets in the
United States from the hearing aid
compatibility compliance obligations.
Finally, consistent with the
requirements set forth in the HAC Act,
the Commission expanded the scope of
its rules for enforcing wireline hearing
aid compatibility to permit subscribers
to digital wireless services to file
informal complaints in the event that
handset manufacturers or wireless
service providers fail to comply with the
hearing aid compatibility rules.
3. The Commission received four
petitions for reconsideration in response
to the Hearing Aid Compatibility Order.
The petitions sought reconsideration,
clarification, or both, of the
Commission’s decisions to: (a) Adopt
the ANSI C63.19 technical standard for
hearing aid compatibility; (b) establish a
preliminary deployment benchmark
exclusive to Tier I wireless carriers; (c)
establish a fifty percent handset
deployment benchmark; (d) require
labeling and live, in-store consumer
testing of digital wireless handset
models; (e) impose compliance
reporting obligations; (f) institute
deployment benchmarks for wireless
carriers employing a TDMA air
interface; (g) adopt a de minimis
exception for digital wireless carriers,
service providers and handset
manufacturers; and (h) delegate
authority to enforce hearing aid
compatibility of wireless phones to the
states.
4. The Order on Reconsideration, that
is the subject of this document, grants
in part and denies in part the petitions
for reconsideration of the Hearing Aid
Compatibility Order. In the Order on
Reconsideration, the Commission takes
the following actions:
(a) We affirm the Hearing Aid
Compatibility Order as follows:
• The American National Standards
Institute (ANSI) standard, ANSI C63.19,
‘‘American National Standard for
Methods of Measurement of
Compatibility between Wireless
Communication Devices and Hearing
Aids, ANSI C63.19–2001,’’ is an
appropriate established technical
standard. We also affirm the
VerDate jul<14>2003
18:34 Jul 26, 2005
Jkt 205001
Commission’s determination that ANSI
C63.19 should not be transformed from
a performance measurement standard to
a build-to standard.
• We affirm the Commission’s
authority to establish the preliminary
handset deployment benchmark specific
to Tier I wireless carriers, and we
modify the requirement in order to
provide greater certainty while not
adversely affecting hearing impaired
individuals’ access to compatible
phones. Specifically, we modify
§ 20.19(c) of the Commission’s rules on
hearing aid compatible mobile handsets
to require that, by September 16, 2005,
each Tier I wireless carrier offering
digital wireless services must make
available to consumers, per air interface,
four U3-rated handsets, or twenty-five
percent of the total number of handsets
it offers nationwide; and that, by
September 16, 2006, each Tier I wireless
carrier offering digital wireless services
must make available to consumers, per
air interface, five U3-rated handsets, or
twenty-five percent of the total number
of handsets it offers nationwide.
• We affirm the basis of the
Commission’s determination that, by
February 18, 2008, fifty percent of all
handsets offered by digital wireless
carriers, service providers and handset
manufacturers must meet the U3
hearing aid compatibility requirement
for each air interface offered.
• We affirm the requirements
established by the Commission for
labeling and in-store consumer testing
of digital wireless handsets. We also
find that modifying the obligation to
report on handset deployment progress,
as suggested by some parties, would
disserve our objective of having the
information necessary to determine
compliance with the hearing aid
compatibility rules.
(b) We modify § 20.19(c) of the
Commission’s rules on hearing aid
compatible mobile handsets in response
to a petition from wireless carriers
operating TDMA networks and
overbuilding them to employ alternative
air interfaces. These carriers will be
considered compliant with the
September 16, 2005, preliminary
handset deployment benchmark if they:
(1) Offer two hearing aid-compatible
handset models to customers that
receive service from the overbuilt (i.e.,
non-TDMA) portion of the network, (2)
are overbuilding (i.e., replacing) their
entire network, and (3) complete the
overbuild by September 18, 2006.
(c) We clarify the Hearing Aid
Compatibility Order with respect to the
following points:
• The de minimis exception, which
exempts from the hearing aid
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
compatibility requirements wireless
carriers, service providers and handset
manufacturers that offer two or fewer
digital wireless handset models, applies
on a per air interface basis, rather than
across an entire product line.
• The Commission properly delegated
authority to the states to enforce the
rules governing the hearing aid
compatibility of digital wireless
handsets in cases where the states have
adopted these rules and provide for
enforcement. We clarify, however, that
the Commission retains exclusive
jurisdiction over the technical standards
for hearing aid compatibility.
II. Procedural Matters
A. Paperwork Reduction Act Analysis
5. The document does not contain
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law No. 104–13. Therefore, it does not
contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C. 3506
(c)(4).
B. Final Regulatory Flexibility
Certification
6. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared a
Final Regulatory Flexibility Certification
of the possible impact on small entities
of the proposals in the Order on
Reconsideration. Pursuant to the RFA, a
Final Regulatory Flexibility Analysis
(FRFA) was incorporated into the
Hearing Aid Compatibility Notice.
7. The instant Order on
Reconsideration modifies § 20.19(c) of
the Commission’s rules on hearing-aid
compatible mobile handsets in response
to a petition from wireless carriers
operating TDMA networks and
overbuilding them to employ alternative
air interfaces. These carriers will be
considered compliant with the
September 16, 2005, preliminary
handset deployment benchmark if they:
(1) Offer two hearing aid-compatible
handset models to customers that
receive service from the overbuilt (i.e.,
non-TDMA) portion of the network, (2)
are overbuilding (i.e., replacing) their
entire network, and (3) complete the
overbuild by September 18, 2006.
8. Therefore, because we find the
action taken in the instant Order on
Reconsideration amounts to an
exception and maintains the status quo
for affected entities for a period of
approximately one year, and that any
E:\FR\FM\27JYR1.SGM
27JYR1
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
impact overall is positive, we certify
that the action described will not result
in a significant economic impact on a
substantial number of small entities.
9. Further, we certify that our
decision to modify the preliminary
handset deployment benchmark for Tier
I wireless carriers will not have a
significant economic impact on a
substantial number of small entities.
Tier I wireless carriers are not small.
10. The Commission will send a copy
of the Order on Reconsideration,
including a copy of this Final
Regulatory Flexibility Certification, in a
report to Congress pursuant to the
Congressional Review Act. In addition,
the Order on Reconsideration and this
final certification will be sent to the
Chief Counsel for Advocacy of the SBA.
III. Ordering Clauses
11. Pursuant to the authority of
sections 1, 4(i), 7, 10, 201, 202, 208, 214,
301, 302, 303, 308, 309(j), 310, and 710
of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 157,
160, 201, 202, 208, 214, 301, 302, 303,
308, 309(j), 310, and 610, this Order on
Reconsideration is adopted.
12. It is further ordered that the
amendment of the Commission’s rules,
47 CFR part 20, as specified in
Appendix B of the Order on
Reconsideration are effective, August
26, 2005.
13. It is further ordered that the
petition for reconsideration of the
Hearing Aid Compatibility Order filed
by the Cellular Telecommunications
and Internet Association is granted in
part and denied in part to the extent set
forth herein.
14. It is further ordered that the
petition for reconsideration of the
Hearing Aid Compatibility Order filed
by Verizon Wireless is granted in part
and denied in part to the extent set forth
herein.
15. It is further ordered that the
petition for reconsideration of the
Hearing Aid Compatibility Order filed
by Research in Motion Limited is
granted to the extent set forth herein.
16. It is further ordered that the
petition for reconsideration of the
Hearing Aid Compatibility Order filed
by the TDMA Carriers (Public Service
Cellular Inc., Missouri RSA No. 7
Limited Partnership dba Mid Missouri
Cellular; Minnesota Southern Wireless
Company dba Hickory Tech, Northwest
Missouri Cellular Limited Partnership,
Illinois Valley Cellular RSA 2–1 Limited
Partnership, Illinois Valley Cellular 2–II
Limited Partnership and Illinois Valley
RSA 2–III Limited Partnership) and
Rural Telecommunications Group and is
VerDate jul<14>2003
18:34 Jul 26, 2005
Jkt 205001
granted in part to the extent set forth
herein.
17. It is further ordered that the
Commission’s Consumer Information
Bureau, Reference Information Center,
shall send a copy of the Order on
Reconsideration and the Final
Regulatory Flexibility Certification to
the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 20
Communications common carriers.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 20 as
follows:
I
PART 20—COMMERCIAL MOBILE
RADIO SERVICES
1. The authority citation for part 20
continues to read as follows:
I
Authority: 47 U.S.C. 154, 160, 201, 251–
254, 303, and 332 unless otherwise noted.
2. Section 20.19 is amended by adding
paragraph (b)(4) and by revising
paragraphs (c)(2) and (c)(3)(i) to read as
follows:
I
§ 20.19 Hearing aid-compatible mobile
handsets.
*
*
*
*
*
(b) * * *
(4) All factual questions of whether a
wireless phone meets the technical
standard of this subsection shall be
referred for resolution to Chief, Office of
Engineering and Technology, Federal
Communications Commission, 445 12th
Street SW., Washington, DC 20554.
(c) * * *
(2) And each provider of public
mobile radio services must:
(i)(A) Include in its handset offerings
at least two handset models per air
interface that comply with § 20.19(b)(1)
by September 16, 2005, and make
available in each retail store owned or
operated by the provider all of these
handset models for consumers to test in
the store; or
(B) In the event a provider of public
mobile radio services is using a TDMA
air interface and plans to overbuild (i.e.,
replace) its network to employ
alternative air interface(s), it must:
(1) Offer two handset models that
comply with § 20.19(b)(1) by September
16, 2005, to its customers that receive
service from the overbuilt (i.e., nonTDMA) portion of its network, and
make available in each retail store it
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
43325
owns or operates all of these handset
models for consumers to test in the
store:
(2) Overbuild (i.e., replace) its entire
network to employ alternative air
interface(s), and
(3) Complete the overbuild by
September 18, 2006; and
(ii) Ensure that at least 50 percent of
its handset models for each air interface
comply with § 20.19(b)(1) by February
18, 2008, calculated based on the total
number of unique digital wireless
handset models the carrier offers
nationwide.
(3) * * *
(i)(A) Include in its handset offerings
four digital wireless handset models per
air interface or twenty-five percent of
the total number of digital wireless
handset models offered by the carrier
nationwide (calculated based on the
total number of unique digital wireless
handset models the carrier offers
nationwide) per air interface that
comply with § 20.19(b)(1) by September
16, 2005, and make available in each
retail store owned or operated by the
carrier all of these handset models for
consumers to test in the store; and
(B) Include in its handset offerings
five digital wireless handset models per
air interface or twenty-five percent of
the total number of digital wireless
handset models offered by the carrier
nationwide (calculated based on the
total number of unique digital wireless
handset models the carrier offers
nationwide) per air interface that
comply with § 20.19(b)(1) by September
16, 2006, and make available in each
retail store owned or operated by the
carrier all of these handset models for
consumers to test in the store; and
*
*
*
*
*
[FR Doc. 05–14613 Filed 7–26–05; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 214
[Docket No. FRA–2001–10426]
RIN 2130–AB63
Railroad Workplace Safety
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: On February 10, 2005, FRA
published an interim final rule
amending regulations on railroad
workplace safety to clarify an
E:\FR\FM\27JYR1.SGM
27JYR1
]]>Agencies
[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43323-43325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14613]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20
[WT Docket No. 01-309; FCC 05-122]
Hearing Aid-Compatible Telephones
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document the Commission grants in part and denies in
part petitions for reconsideration of the Hearing Aid Compatibility
Order, which lifted the blanket exemption for digital wireless
telephones under the Hearing Aid Compatibility Act of 1988 (HAC Act).
The Commission's actions, as reflected in this document, further ensure
that every American has access to the benefits of digital wireless
telecommunications, including individuals with hearing disabilities.
DATES: Effective August 26, 2005.
FOR FURTHER INFORMATION CONTACT: Andra Cunningham,
Andra.Cunningham@fcc.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau, (202) 418-1630 or TTY
(202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Order on Reconsideration FCC 05-122,
adopted on June 9, 2005 and released on June 21, 2005. The full text of
this document is available for inspection and copying during normal
business hours in the FCC Reference Information Center, 445 12th
Street, SW., Washington, DC 20554. The complete text may be purchased
from the Commission's copy contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request
materials in accessible formats for people with disabilities (braille,
large print, electronic files, audio format), send an e-mail to
fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (tty).
1. On August 14, 2003, the Commission released the Hearing Aid
Compatibility Order, finding, among other things, that the statutory
criteria to lift the exemption for wireless telephones had been met.
Specifically, the Commission determined that continuation of Congress'
exemption for wireless telephones would have an adverse effect on
individuals with hearing disabilities, and that revoking the exemption
was technologically feasible and in the public interest. The Commission
further determined that compliance with hearing aid compatibility
requirements ``would not increase the costs of [wireless] phones to
such an extent that they could not be successfully marketed.''
2. Based upon these findings, the Commission established
requirements for hearing aid compatibility of digital wireless phones.
First, the Commission adopted the ANSI C63.19 performance levels as the
applicable technical standard. Second, the Commission established
specific, phased-in
[[Page 43324]]
deployment benchmarks for digital wireless handset manufacturers,
wireless carriers and service providers offering digital wireless
services. Third, the Commission implemented a framework for labeling
and live, in-store consumer testing of digital wireless handsets, as
well as an obligation to report on handset deployment progress. Fourth,
the Commission adopted a de minimis exception, which relieves wireless
carriers, service providers and handset manufacturers that offer two or
fewer digital wireless handsets in the United States from the hearing
aid compatibility compliance obligations. Finally, consistent with the
requirements set forth in the HAC Act, the Commission expanded the
scope of its rules for enforcing wireline hearing aid compatibility to
permit subscribers to digital wireless services to file informal
complaints in the event that handset manufacturers or wireless service
providers fail to comply with the hearing aid compatibility rules.
3. The Commission received four petitions for reconsideration in
response to the Hearing Aid Compatibility Order. The petitions sought
reconsideration, clarification, or both, of the Commission's decisions
to: (a) Adopt the ANSI C63.19 technical standard for hearing aid
compatibility; (b) establish a preliminary deployment benchmark
exclusive to Tier I wireless carriers; (c) establish a fifty percent
handset deployment benchmark; (d) require labeling and live, in-store
consumer testing of digital wireless handset models; (e) impose
compliance reporting obligations; (f) institute deployment benchmarks
for wireless carriers employing a TDMA air interface; (g) adopt a de
minimis exception for digital wireless carriers, service providers and
handset manufacturers; and (h) delegate authority to enforce hearing
aid compatibility of wireless phones to the states.
4. The Order on Reconsideration, that is the subject of this
document, grants in part and denies in part the petitions for
reconsideration of the Hearing Aid Compatibility Order. In the Order on
Reconsideration, the Commission takes the following actions:
(a) We affirm the Hearing Aid Compatibility Order as follows:
The American National Standards Institute (ANSI) standard,
ANSI C63.19, ``American National Standard for Methods of Measurement of
Compatibility between Wireless Communication Devices and Hearing Aids,
ANSI C63.19-2001,'' is an appropriate established technical standard.
We also affirm the Commission's determination that ANSI C63.19 should
not be transformed from a performance measurement standard to a build-
to standard.
We affirm the Commission's authority to establish the
preliminary handset deployment benchmark specific to Tier I wireless
carriers, and we modify the requirement in order to provide greater
certainty while not adversely affecting hearing impaired individuals'
access to compatible phones. Specifically, we modify Sec. 20.19(c) of
the Commission's rules on hearing aid compatible mobile handsets to
require that, by September 16, 2005, each Tier I wireless carrier
offering digital wireless services must make available to consumers,
per air interface, four U3-rated handsets, or twenty-five percent of
the total number of handsets it offers nationwide; and that, by
September 16, 2006, each Tier I wireless carrier offering digital
wireless services must make available to consumers, per air interface,
five U3-rated handsets, or twenty-five percent of the total number of
handsets it offers nationwide.
We affirm the basis of the Commission's determination
that, by February 18, 2008, fifty percent of all handsets offered by
digital wireless carriers, service providers and handset manufacturers
must meet the U3 hearing aid compatibility requirement for each air
interface offered.
We affirm the requirements established by the Commission
for labeling and in-store consumer testing of digital wireless
handsets. We also find that modifying the obligation to report on
handset deployment progress, as suggested by some parties, would
disserve our objective of having the information necessary to determine
compliance with the hearing aid compatibility rules.
(b) We modify Sec. 20.19(c) of the Commission's rules on hearing
aid compatible mobile handsets in response to a petition from wireless
carriers operating TDMA networks and overbuilding them to employ
alternative air interfaces. These carriers will be considered compliant
with the September 16, 2005, preliminary handset deployment benchmark
if they: (1) Offer two hearing aid-compatible handset models to
customers that receive service from the overbuilt (i.e., non-TDMA)
portion of the network, (2) are overbuilding (i.e., replacing) their
entire network, and (3) complete the overbuild by September 18, 2006.
(c) We clarify the Hearing Aid Compatibility Order with respect to
the following points:
The de minimis exception, which exempts from the hearing
aid compatibility requirements wireless carriers, service providers and
handset manufacturers that offer two or fewer digital wireless handset
models, applies on a per air interface basis, rather than across an
entire product line.
The Commission properly delegated authority to the states
to enforce the rules governing the hearing aid compatibility of digital
wireless handsets in cases where the states have adopted these rules
and provide for enforcement. We clarify, however, that the Commission
retains exclusive jurisdiction over the technical standards for hearing
aid compatibility.
II. Procedural Matters
A. Paperwork Reduction Act Analysis
5. The document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law No. 104-13. Therefore, it does not contain any new or
modified ``information collection burden for small business concerns
with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506
(c)(4).
B. Final Regulatory Flexibility Certification
6. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared a Final Regulatory
Flexibility Certification of the possible impact on small entities of
the proposals in the Order on Reconsideration. Pursuant to the RFA, a
Final Regulatory Flexibility Analysis (FRFA) was incorporated into the
Hearing Aid Compatibility Notice.
7. The instant Order on Reconsideration modifies Sec. 20.19(c) of
the Commission's rules on hearing-aid compatible mobile handsets in
response to a petition from wireless carriers operating TDMA networks
and overbuilding them to employ alternative air interfaces. These
carriers will be considered compliant with the September 16, 2005,
preliminary handset deployment benchmark if they: (1) Offer two hearing
aid-compatible handset models to customers that receive service from
the overbuilt (i.e., non-TDMA) portion of the network, (2) are
overbuilding (i.e., replacing) their entire network, and (3) complete
the overbuild by September 18, 2006.
8. Therefore, because we find the action taken in the instant Order
on Reconsideration amounts to an exception and maintains the status quo
for affected entities for a period of approximately one year, and that
any
[[Page 43325]]
impact overall is positive, we certify that the action described will
not result in a significant economic impact on a substantial number of
small entities.
9. Further, we certify that our decision to modify the preliminary
handset deployment benchmark for Tier I wireless carriers will not have
a significant economic impact on a substantial number of small
entities. Tier I wireless carriers are not small.
10. The Commission will send a copy of the Order on
Reconsideration, including a copy of this Final Regulatory Flexibility
Certification, in a report to Congress pursuant to the Congressional
Review Act. In addition, the Order on Reconsideration and this final
certification will be sent to the Chief Counsel for Advocacy of the
SBA.
III. Ordering Clauses
11. Pursuant to the authority of sections 1, 4(i), 7, 10, 201, 202,
208, 214, 301, 302, 303, 308, 309(j), 310, and 710 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 157,
160, 201, 202, 208, 214, 301, 302, 303, 308, 309(j), 310, and 610, this
Order on Reconsideration is adopted.
12. It is further ordered that the amendment of the Commission's
rules, 47 CFR part 20, as specified in Appendix B of the Order on
Reconsideration are effective, August 26, 2005.
13. It is further ordered that the petition for reconsideration of
the Hearing Aid Compatibility Order filed by the Cellular
Telecommunications and Internet Association is granted in part and
denied in part to the extent set forth herein.
14. It is further ordered that the petition for reconsideration of
the Hearing Aid Compatibility Order filed by Verizon Wireless is
granted in part and denied in part to the extent set forth herein.
15. It is further ordered that the petition for reconsideration of
the Hearing Aid Compatibility Order filed by Research in Motion Limited
is granted to the extent set forth herein.
16. It is further ordered that the petition for reconsideration of
the Hearing Aid Compatibility Order filed by the TDMA Carriers (Public
Service Cellular Inc., Missouri RSA No. 7 Limited Partnership dba Mid
Missouri Cellular; Minnesota Southern Wireless Company dba Hickory
Tech, Northwest Missouri Cellular Limited Partnership, Illinois Valley
Cellular RSA 2-1 Limited Partnership, Illinois Valley Cellular 2-II
Limited Partnership and Illinois Valley RSA 2-III Limited Partnership)
and Rural Telecommunications Group and is granted in part to the extent
set forth herein.
17. It is further ordered that the Commission's Consumer
Information Bureau, Reference Information Center, shall send a copy of
the Order on Reconsideration and the Final Regulatory Flexibility
Certification to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 20
Communications common carriers.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 20 as follows:
PART 20--COMMERCIAL MOBILE RADIO SERVICES
0
1. The authority citation for part 20 continues to read as follows:
Authority: 47 U.S.C. 154, 160, 201, 251-254, 303, and 332 unless
otherwise noted.
0
2. Section 20.19 is amended by adding paragraph (b)(4) and by revising
paragraphs (c)(2) and (c)(3)(i) to read as follows:
Sec. 20.19 Hearing aid-compatible mobile handsets.
* * * * *
(b) * * *
(4) All factual questions of whether a wireless phone meets the
technical standard of this subsection shall be referred for resolution
to Chief, Office of Engineering and Technology, Federal Communications
Commission, 445 12th Street SW., Washington, DC 20554.
(c) * * *
(2) And each provider of public mobile radio services must:
(i)(A) Include in its handset offerings at least two handset models
per air interface that comply with Sec. 20.19(b)(1) by September 16,
2005, and make available in each retail store owned or operated by the
provider all of these handset models for consumers to test in the
store; or
(B) In the event a provider of public mobile radio services is
using a TDMA air interface and plans to overbuild (i.e., replace) its
network to employ alternative air interface(s), it must:
(1) Offer two handset models that comply with Sec. 20.19(b)(1) by
September 16, 2005, to its customers that receive service from the
overbuilt (i.e., non-TDMA) portion of its network, and make available
in each retail store it owns or operates all of these handset models
for consumers to test in the store:
(2) Overbuild (i.e., replace) its entire network to employ
alternative air interface(s), and
(3) Complete the overbuild by September 18, 2006; and
(ii) Ensure that at least 50 percent of its handset models for each
air interface comply with Sec. 20.19(b)(1) by February 18, 2008,
calculated based on the total number of unique digital wireless handset
models the carrier offers nationwide.
(3) * * *
(i)(A) Include in its handset offerings four digital wireless
handset models per air interface or twenty-five percent of the total
number of digital wireless handset models offered by the carrier
nationwide (calculated based on the total number of unique digital
wireless handset models the carrier offers nationwide) per air
interface that comply with Sec. 20.19(b)(1) by September 16, 2005, and
make available in each retail store owned or operated by the carrier
all of these handset models for consumers to test in the store; and
(B) Include in its handset offerings five digital wireless handset
models per air interface or twenty-five percent of the total number of
digital wireless handset models offered by the carrier nationwide
(calculated based on the total number of unique digital wireless
handset models the carrier offers nationwide) per air interface that
comply with Sec. 20.19(b)(1) by September 16, 2006, and make available
in each retail store owned or operated by the carrier all of these
handset models for consumers to test in the store; and
* * * * *
[FR Doc. 05-14613 Filed 7-26-05; 8:45 am]
BILLING CODE 6712-01-P
