Improvements to Benchmarks and Related Requirements Governing Hearing Aid-Compatible Mobile Handsets, 204-214 [2015-32756]
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(2) A medication that—
(i) Has been and remains approved by
the FDA pursuant to FDCA section
505(b)(1) or PHSA section 351(a);
(ii) Which is referenced by at least one
FDA-approved product that meets the
criteria of paragraph (b)(1)(iv)(A)(1) of
this section; and
(iii) Which is covered by a contracting
strategy in place with pricing such that
it is lower in cost than other generic
sources.
(3) A medication that—
(i) Has been and remains approved by
the FDA pursuant to FDCA section
505(b)(1) or PHSA section 351(a); and
(ii) Has the same active ingredient or
active ingredients, works in the same
way and in a comparable amount of
time, and is determined by VA to be
substitutable for another medication
that has been and remains approved by
the FDA pursuant to FDCA section
505(b)(1) or PHSA section 351(a). This
may include but is not limited to insulin
and levothyroxine.
(4) A listed drug, as defined in 21 CFR
314.3, that has been approved under
FDCA section 505(c) and is marketed,
sold, or distributed directly or indirectly
to retail class of trade with either
labeling, packaging (other than
repackaging as the listed drug in blister
packs, unit doses, or similar packaging
for use in institutions), product code,
labeler code, trade name, or trademark
that differs from that of the listed drug.
(B) Tier 1 medication means a multisource medication that has been
identified using the process described in
paragraph (b)(2) of this section.
(C) Tier 2 medication means a multisource medication that is not identified
using the process described in
paragraph (b)(2) of this section.
(D) Tier 3 medication means a
medication approved by the FDA under
a New Drug Application (NDA) or a
biological product approved by the FDA
pursuant to a biologics license
agreement (BLA) that retains its patent
protection and exclusivity and is not a
multi-source medication identified in
paragraph (b)(1)(iv)(A)(3) of this section.
(2) Determining Tier 1 medications.
Not less than once per year, VA will
identify a subset of multi-source
medications as Tier 1 medications using
the criteria below. Only medications
that meet all of the criteria in
paragraphs (b)(2)(i), (ii), and (iii) of this
section will be eligible to be considered
Tier 1 medications, and only those
medications that meet all of the criteria
in paragraph (b)(2)(i) of this section will
be assessed using the criteria in
paragraphs (b)(2)(ii) and (iii).
(i) A medication must meet all of the
following criteria:
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(A) The VA acquisition cost for the
medication is less than or equal to $10
for a 30-day supply of medication;
(B) The medication is not a topical
cream, a product used to treat
musculoskeletal conditions, an
antihistamine, or a steroid-containing
medication;
(C) The medication is available on the
VA National Formulary;
(D) The medication is not an
antibiotic that is primarily used for
short periods of time to treat infections;
and
(E) The medication primarily is used
to either treat or manage a chronic
condition, or to reduce the risk of
adverse health outcomes secondary to
the chronic condition, for example,
medications used to treat high blood
pressure to reduce the risks of heart
attack, stroke, and kidney failure. For
purposes of this section, conditions that
typically are known to persist for 3
months or more will be considered
chronic.
(ii) The medication must be among
the top 75 most commonly prescribed
multi-source medications that meet the
criteria in paragraph (b)(2)(i) of this
section, based on the number of
prescriptions issued for a 30-day or less
supply on an outpatient basis during a
fixed period of time.
(iii) VA must determine that the
medication identified provides
maximum clinical value consistent with
budgetary resources.
(3) Information on Tier 1 medications.
Not less than once per year, VA will
publish a list of Tier 1 medications in
the Federal Register and on VA’s Web
site at www.va.gov/health.
(4) Veterans Choice Program. * * *
*
*
*
*
*
(5) Copayment cap. The total amount
of copayments in a calendar year for an
enrolled veteran will not exceed $700.
*
*
*
*
*
[FR Doc. 2015–33052 Filed 1–4–16; 8:45 am]
BILLING CODE 8320–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[WT Docket No. 15–285; FCC 15–155]
Improvements to Benchmarks and
Related Requirements Governing
Hearing Aid-Compatible Mobile
Handsets
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
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In this document, the Federal
Communications Commission
(Commission) seeks comment on
revisions to the Commission’s wireless
hearing aid compatibility rules. The
Commission proposes to adopt a
consensus approach developed
cooperatively by consumer advocates
and industry trade associations, which
would require manufacturers and
service providers to increase the
percentage of new wireless handset
models that are hearing aid compatible
over time, culminating in a system in
which all wireless handset models are
accessible to people with hearing loss.
DATES: Interested parties may file
comments on or before January 14,
2016, and reply comments on or before
January 29, 2016.
ADDRESSES: You may submit comments,
identified by WT Docket No. 15–285;
FCC 15–155, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• Mail: 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.
• People with Disabilities: Contact the
Commission to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: fcc504@fcc.gov or
phone: 202–418–0530 or TTY: 202–418–
0432.
For detailed instructions for submitting
comments and additional information
on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document.
In addition to filing comments with
the Secretary, a copy of any comments
on the Paperwork Reduction Act
information collection modifications
proposed herein should be submitted to
the Commission via email to PRA@
fcc.gov and to Nicholas A. Fraser, Office
of Management and Budget, via email to
Nicholas_A._Fraser@omb.eop.gov or via
fax at 202–395–5167.
FOR FURTHER INFORMATION CONTACT: For
further information regarding the
NPRM, contact Michael Rowan,
Wireless Telecommunications Bureau,
(202) 418–1883, email Michael.Rowan@
SUMMARY:
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fcc.gov, or Eli Johnson, Wireless
Telecommunications Bureau (202) 418–
1395, email Eli.Johnson@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM) in WT
Docket No. 15–285; FCC 15–155,
adopted November 19, 2015, and
released on November 20, 2015. This
summary should be read with its
companion document, the Fourth
Report and Order summary published
elsewhere in this issue of the Federal
Register. The full text of the NPRM is
available for public inspection and
copying during business hours in the
FCC Reference Information Center,
Portals II, 445 12th Street SW., Room
CY–A257, Washington, DC 20554. It
also may be purchased from the
Commission’s duplicating contractor at
Portals II, 445 12th Street SW., Room
CY–B402, Washington, DC 20554; the
contractor’s Web site, https://
www.bcpiweb.com; or by calling (800)
378–3160, facsimile (202) 488–5563, or
email FCC@BCPIWEB.com.
Additionally, the complete item is
available on the Commission’s Web site
at https://www.fcc.gov.
Synopsis of the Notice of Proposed
Rulemaking
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I. Introduction
1. In this NPRM, the Commission
seeks comment on potential revisions to
the Commission’s part 20 rules
governing wireless hearing aid
compatibility. The Commission initiates
this proceeding to develop a record on
an innovative and groundbreaking
proposal, advanced collaboratively by
industry and consumer groups, to
replace the current fractional regime
with the staged adoption of a system
under which all covered wireless
handsets will be hearing aid-compatible.
The Commission proposes to adopt this
consensus approach, which recognizes
that the stakeholders themselves are
best positioned to craft a regime that
ensures full accessibility while
protecting incentives to innovate and
invest.
II. Background
2. The Joint Consensus Proposal
provides that within two years of the
effective date of the adoption of the new
benchmark rules, 66 percent of wireless
handset models offered to consumers
should be compliant with the
Commission’s acoustic coupling radio
frequency interference (M rating) and
inductive coupling (T rating)
requirements. The proposal provides
that within five years of the effective
date of new rules adopted, 85 percent of
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wireless handset models offered to
consumers should be compliant with
the Commission’s M and T ratings.
3. The proposal provides that these
new benchmarks should apply to
manufacturers and carriers that offer six
or more digital wireless handset models
in an air interface, except that Tier I and
Non-Tier I carriers would receive six
months and eighteen months of
additional compliance time,
respectively, to account for availability
of handsets and inventory turn-over
rates. The proposal states that the
existing de minimis exception should
continue to apply for manufacturers and
carriers that offer three or fewer handset
models in an air interface and that
manufacturers and carriers that offer
four or five digital wireless handset
models in an air interface should ensure
that at least two of those handsets
models are compliant with our M and
T rating requirements. In addition, the
proposal provides that these
benchmarks should only be applicable if
testing protocols are available for a
particular air interface.
4. In addition to these two-year and
five-year benchmarks, the proposal
provides that ‘‘[t]he Commission should
commit to pursue that 100% of wireless
handsets offered to consumers should
be compliant with [the M and T rating
requirements] within eight years.’’ The
Joint Consensus Proposal conditions the
transition to 100 percent, however, on a
Commission determination within
seven years of the rules’ effective date
that reaching the 100 percent goal is
‘‘achievable.’’ The Joint Consensus
Proposal prescribes the following
process for making that determination:
[The Commission shall create] a task force,
including all stakeholders, identifying
questions for exploration in year four after
the effective date that the benchmarks
described above are established. After
convening, the stakeholder task force will
issue a report to the Commission within two
years.
The Commission, after review and receipt
of the report described above, will determine
whether to implement 100 percent
compliance with [the M and T ratings
requirements] based on concrete data and
information about the technical and market
conditions involving wireless handsets and
the landscape of hearing improvement
technology collected in years four and five.
Any new benchmarks resulting from this
determination, including 100 percent
compliance, would go into effect no less than
twenty-four months after the Commission’s
determination.
Consumer groups and the Wireless
Industry shall work together to hold meetings
going forward to ensure that the process will
include all stakeholders: including at a
minimum, consumer groups, independent
research and technical advisors, wireless
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industry policy and technical
representatives, hearing aid manufacturers
and Commission representatives.
III. Discussion
5. The Commission proposes to adopt
the general approach discussed in the
Joint Consensus Proposal, including the
staged benchmark revisions, the
Commission’s determination of
achievability, and the process for
moving to a 100 percent compliance
standard, and the Commission seeks
comment on this proposal and its
various components. The Commission
recognizes that the Joint Consensus
Proposal reflects the intensive efforts
and commitment of consumer and
industry stakeholders to develop an
approach that expands access for
consumers with hearing loss while
preserving the flexibility that allows
innovation to flourish. The Commission
notes that the current hearing aid
compatibility rules, including the
current benchmarks, are also based on a
consensus proposal developed and
submitted in 2007 by representatives of
the wireless industry and consumers
with hearing loss. In substantially
adopting the terms of that proposal, the
Commission found that broad multistakeholder support ‘‘testifie[d] to the
success of the proffered proposals in
meeting the goals of the Hearing Aid
Compatibility Act, and in addressing the
concerns of manufacturers and service
providers while still advancing the
interests of consumers with hearing loss
in having greater access to advanced
digital wireless communications.’’
Given the success of the previous
consensus proposal, and recognizing
that the Joint Consensus Proposal was
generated by the very stakeholders that
it will impact most directly, the
Commission considers favorably the
Joint Consensus Proposal—particularly
to the extent that it moves toward a 100
percent hearing aid compatibility
requirement without discouraging or
impairing the development of improved
technology. The Commission also
believes that an approach developed
through consensus among the relevant
stakeholders may yield outcomes that
most effectively leverage innovative
technological solutions.
6. Accordingly, below, the
Commission seeks comment on the
merits of the Joint Consensus Proposal,
both with respect to its overall
effectiveness in fulfilling Congress’s
intent to ensure access to telephones for
people with hearing loss under Section
710 of the Communications Act as
amended by the CVAA, and more
specifically with respect to its various
components as these have been
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presented jointly by the consumer and
industry stakeholders. The Commission
also seeks comment on several related
matters.
1. The Joint Consensus Proposal
7. Benchmarks. First, the Commission
asks commenters to address the
timeframes that the proposal describes
as well as the process for the
Commission’s determination of
achievability. Are the proposed new
benchmarks appropriate for all covered
entities and handsets? How will these
benchmarks effectively meet the needs
of consumers while protecting
innovation and competition for current
and future operations? The Commission
asks commenters who recommend
different benchmarks for small entities,
for certain technologies or services, or
for meeting the standards for acoustic
coupling and inductive coupling to
explain their reasoning in detail, along
with justifications for why their
preferred alternatives would be better
than the approach contained in the Joint
Consensus Proposal, taking into
consideration the purposes and goals of
Section 710. The Joint Consensus
Proposal provides that the Commission
should commit to pursuing a goal of 100
percent compatibility within eight years
of the effective date at the time the
revised benchmarks are established. The
Commission seeks comment on this
eight-year period. Would a longer or
shorter transition period be more
appropriate and, if so, why?
8. De minimis exception to two- and
five-year benchmarks. The proposal
recommends that the existing de
minimis exception to the benchmarks
should continue to apply for
manufacturers and carriers that offer
three or fewer handset models in an air
interface and that the rule should
further provide that manufacturers and
carriers that offer four or five digital
wireless handset models in an air
interface should ensure that at least two
of those handsets models are compliant
with sections 20.19(b)(1) and (b)(2). The
Commission seeks comment on these
proposed exceptions to the new
benchmarks.
9. Determination of Achievability. The
Commission seeks comment on the
proposed process for determining
achievability. For example, in
determining achievability, should the
Commission limit itself to assessing
information and data collected in years
four and five, or should it also take
account of more recent data and
information that may be available at that
time? Should the Commission seek
public comment in connection with
reaching the achievability
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determination? Are there any aspects of
the Joint Consensus Proposal’s
benchmarks, timing, and achievability
determination that the Commission
should not adopt? Should the
Commission supplement them with any
additional requirements or
considerations? Regarding the proposed
task force, the Commission seeks
comment on how and through what
process or mechanism the Commission
should establish the task force, on
whether the task force should be
established without delay even if its
primary functions would not begin until
year four, and on how the task force
should be structured and its
membership determined, including how
to ensure that ‘‘all stakeholders’’ are
adequately represented. The
Commission also seeks comment on
which issues or questions the
Commission should ask the task force to
explore, on the scope and content of the
task force’s report, and on the processes
or rules, if any, that should govern its
activities.
10. The Commission also seeks
comment on how the Commission
should determine achievability,
including the appropriate substantive
definition, standard, or framework to
govern the Commission’s determination.
For example, should the determination
of achievability be based on relevant
factors specified in Section 710, e.g.,
technological feasibility, marketability,
and impact on the use and development
of technology? The Commission notes
that the CVAA contains a specific
definition of achievability that applies
in the context of sections 716 and 718
of the Act. Specifically, Section 716(g)
of the Act defines the term ‘‘achievable’’
to mean ‘‘with reasonable effort or
expense, as determined by the
Commission.’’ Section 716 requires
providers of advanced communications
services and manufacturers of
equipment used for those services to
make their offerings accessible to and
usable by individuals with disabilities,
unless not achievable. Section 718
requires manufacturers of telephones
used with public mobile services to
ensure that web browsers on those
devices are accessible to and usable by
individuals who are blind or have a
visual impairment, unless doing so is
not achievable. Given that these sections
similarly contain mandates for
equipment accessibility by people with
disabilities, is it appropriate to apply
the CVAA achievability definition here
as well? Or would an alternative be
preferable in the context of the Joint
Consensus Proposal?
11. In considering whether the 100
percent goal is achievable, should the
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Commission consider innovative
approaches, including standards or
technologies that are different from the
currently applicable ANSI standard, that
can achieve telephone access for
consumers with hearing loss? For
example, Apple has explained that it
‘‘work[ed] outside the existing Part 20
framework to advance its goal of
dramatically improving the user
experience for individuals with hearing
loss,’’ and that it developed a new
hearing aid platform that relies on
Bluetooth® technology. The
Commission urges stakeholders to think
broadly in developing alternative
approaches, whether they build on
Apple’s experience or other efforts, as
the Commission is confident that
creativity and innovation can
significantly advance the interests of
consumers with hearing loss without
hobbling wireless innovation. The
Commission is particularly interested in
commenters’ insights regarding
alternative compliance approaches that
can, in a technologically neutral
manner, ensure that devices are fully
accessible for users with hearing loss.
2. Stakeholders’ Suggested Requests for
Comment
12. The Joint Proposal itself
recommends that the Commission seek
comment on various issues related to
modifying the benchmark regime. In
particular, it suggests that the
Commission seek comment on the
following issues, which it now does:
The Commission should seek comment in
the NPRM on how the FCC’s rules should be
modified to ensure manufacturers and
service providers meet the new benchmarks
while preserving the ability to offer
innovative wireless handsets in a rapidly
changing market. For example, the
Commission should seek comment on
whether wireless handsets can be deemed
compliant with the HAC rules through means
other than by measuring RF interference and
inductive coupling. In addition, the
Commission should seek comment on which
compliance processes, such as waivers,
should be modified to accommodate
innovation and carriers’, especially rural and
regional carriers’, handset inventories and
turn-over rates, within a compliance regime
with the enhanced benchmarks described
above. The Commission also should seek
comment on whether disclosures to
consumers could serve as a means of
compliance for wireless handsets utilizing
new air interfaces or technologies where
HAC standards or testing protocols are not
yet available. In addition to examining the
effect on innovation, the Commission should
seek comment on the impact of the new
benchmarks on U.S. product offerings.
The Commission should also seek
comment on the best ways to improve
collaboration on consumer education
including but not limited to: making
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information about the HAC ratings of
wireless handsets and hearing aids more
easily discoverable and accessible by
consumers as well as how HAC information
should be updated on Web sites in a timely
manner that is usable by consumers. The
Commission should also request comment on
how the hearing aid industry and other
relevant stakeholders should take measures
to ensure that consumers have improved
access to the HAC ratings of hearing aids.
13. In connection with the suggested
questions regarding waivers, the
Commission also seeks comment on
how to best to apply the Section
710(b)(3) waiver process in the context
of the Joint Consensus Proposal. Should
the Commission establish a fixed time
period within which the Commission
must take action on waiver requests? If
so, would 180 days be an appropriate
amount of time, considering both the
need to develop a full record and the
importance of avoiding delay in the
introduction of new technologies? If not
180 days, what amount of time would
be appropriate? If the Commission
establishes a time period for
Commission action, are there situations
in which the Commission should have
the ability to extend the deadline?
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3. Analysis of Statutory Factors
14. The Commission seeks comment
on whether the Joint Consensus
Proposal is consistent with and
warranted under Section 710 of the
Communications Act. Section
710(b)(2)(B) directs the Commission to
use a four-part test to periodically
reassess exemptions from the hearing
aid compatibility requirements for
wireless handsets. Specifically, the
statute directs the Commission to revoke
or limit an exemption if it finds that (1)
Continuing the exemption without such
revocation or limitation would have an
adverse effect on individuals with
hearing loss; (2) compliance with the
hearing aid compatibility requirements
would be technologically feasible for
devices to which the exemption applies;
(3) the cost of compliance would not
increase costs to such an extent that the
newly covered devices could not be
successfully marketed; and (4) revoking
or limiting the exemption is in the
public interest. The Commission seeks
comment on whether this analysis is
applicable to the changes proposed in
the Joint Consensus Proposal, whether
such changes would meet this four-part
test, and whether the proposal requires
any modifications to satisfy the
statutory standard.
15. Section 710 further directs that, in
any rulemaking to implement hearing
aid compatibility requirements, the
Commission should (1) specifically
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consider the costs and benefits to all
telephone users, including people with
and without hearing loss, (2) ensure that
hearing aid compatibility regulations
encourage the use of currently available
technology and do not discourage or
impair the development of improved
technology, and (3) use appropriate
timetables and benchmarks to the extent
necessary due to technical feasibility or
to ensure marketability or availability of
new technologies to users. The
Commission therefore asks commenters
to address these factors in their analysis
of the proposal and to explain whether
modifications are warranted.
4. Standards and Technologies for
Meeting Compatibility
16. The Commission seeks comment
on whether the compatibility
requirement—revised pursuant to the
Joint Consensus Proposal or in any other
manner—should specifically require
both a minimum M3 and minimum T3
rating, or whether manufacturers should
be allowed to meet the requirement by
incorporating other methods of
achieving compatibility with hearing
aids, such as Bluetooth®. The
Commission is mindful that some
innovative advances in accessibility
features have resulted from outside-ofthe-box solutions, and the Commission
does not wish to discourage these types
of pioneering advances. The
Commission seeks comment on the
extent to which such alternative
approaches are able to meet the
communications needs of people with
hearing loss. Specifically, in addition to
commenting on the effectiveness of such
alternatives for aiding in
comprehending telephone conversation,
the Commission asks commenters to
provide information about the cost of
such devices to consumers, as well as
the ease of procuring devices needed to
use such alternatives. Given these
criteria, what approaches should the
Commission recognize as viable
alternatives, how should such
alternative approaches be incorporated
into the hearing aid compatibility rules,
what customer disclosures should be
required for alternative approaches, and
what standards should apply to the
alternative approaches, particularly
with respect to testing and rating
alternative devices and technologies?
How, if at all, would such alternative
approaches impact the efficacy of the
Joint Consensus Proposal?
17. What are the costs and benefits of
allowing these alternative approaches?
For example, Apple proposes that the
Commission apply the ANSI standards
as a ‘‘safe harbor’’ for hearing aid
compatibility but to ‘‘reward innovators
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for finding other, better solutions that
result in real accessibility even if they
do not meet the ANSI standards.’’
Although Apple proposes this approach
as an alternative method of meeting the
existing benchmarks, the Commission
seeks comment on whether to adopt it
in conjunction with the Joint Consensus
Proposal. The Commission also seeks
comment on how to determine hearing
aid compatibility outside of compliance
with the applicable ANSI standard. The
Commission invites commenters to
consider alternatives of this kind when
evaluating the Joint Consensus Proposal.
5. Exceptions
18. The current de minimis exception
provides that small manufacturers and
service providers that offer two or fewer
digital wireless handset models
operating over a particular air interface
are exempt from the benchmark
deployment requirements in connection
with that air interface, while larger
manufacturers and service providers
with two or fewer handset models have
a limited obligation. The provision
further states that any manufacturer or
service provider that offers three digital
wireless handset models operating over
a particular air interface must offer at
least one such handset model that meets
the M3 and T3 standards for that air
interface. Although the Joint Consensus
Proposal recommends retaining this
exception for the new two and five year
benchmarks (with an added provision
for entities offering four or five
handsets), it does not expressly address
whether and how the exception will
continue to apply under a subsequent
100 percent requirement.
19. The Commission seeks comment
on whether to preserve the de minimis
exception in whole or in part in the
event the Commission adopts a 100
percent requirement. Should the
Commission preserve the exception
during the transitional periods prior to
implementation of a 100 percent
compatibility requirement, as proposed
in the Joint Consensus Plan?
Alternatively, should the Commission
phase out the de minimis exception over
the course of the transitional periods?
Should the Commission preserve the
exception even in the event of a 100
percent compatibility obligation? How
would the de minimis exception operate
under a 100-percent compatibility
requirement? If a qualifying
manufacturer were to offer a noncompliant handset, could any provider
make it available to consumers, or
would it only be available to providers
that are also eligible for the exception?
If such handsets were unavailable to
providers that were not eligible for the
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exception, would preserving the
exception effectively limit consumer
choice in many cases? If so, are there
distinct aspects or features of the
exception that the Commission should
preserve?
20. The Commission seeks comment
on whether it should include any other
exceptions in the event the Commission
adopts a 100 percent compatibility
requirement, and how such exceptions
are consistent with and warranted under
Section 710’s requirements. The
Commission seeks comment on whether
there are particular air interfaces, such
as GSM operating in the 1900 MHz
band, which will face particular
difficulties in meeting a 100 percent
compatibility requirement and, if so,
whether and how such difficulties
should be specifically addressed or
accommodated under a 100 percent
compatibility requirement. Are there
new technological solutions that should
better enable GSM/1900 handsets to
achieve hearing aid compatibility and, if
so, what requirements should apply to
GSM/1900 handsets given such
solutions?
6. Legacy Models
21. In the event the Commission
adopts a 100 percent compatibility
requirement, the Commission seeks
comment on the appropriate treatment
of legacy models. Should non-hearing
aid-compatible handsets that received
equipment authorization prior to the
end of any transition period be
grandfathered to better ensure that
manufacturers are able to recoup their
investments in their legacy handsets?
The Commission seeks comment on this
option, on alternative approaches to
grandfathering, and on whether,
following some additional period after a
transition to a 100 percent compatibility
regime, the Commission should require
hearing aid compatibility for all handset
models offered (as opposed to just
models released after transitioning to
the 100 percent regime).
22. The Commission further seeks
comment on how best to ensure that
people with hearing loss are able to find
hearing aid compatible phones that can
meet their communication needs during
the transition period to a 100 percent
compatibility requirement. The
Commission notes that Section 717(d) of
the Communications Act, added by the
CVAA, requires the Commission to
maintain a clearinghouse of information
about accessible products and services
required under sections 255, 716, and
718 of the Act. The Commission
launched its Accessibility
Clearinghouse in October 2011. Among
other things, this database allows
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consumers to search for wireless
handsets with accessibility features that
meet the needs of various disabilities,
including hearing aid compatible
handsets. Does this Accessibility
Clearinghouse, or the Web sites upon
which it relies, effectively provide the
information needed by consumers to
locate hearing aid compatible phones?
In other words, does it enable a
consumer to determine without
difficulty whether any particular
handset model is hearing aid compliant?
If not, the Commission seeks comment
on the format and type of information
that the Commission should include in
the Accessibility Clearinghouse in order
to empower consumers to make
educated decisions about their handset
purchases. The Commission notes, for
example, that currently, manufacturers
are required to electronically file annual
compliance reports with the
Commission on FCC Form 655 in July
of each year and service providers must
electronically file this form with the
Commission in January of each year.
These reports include, among other
information, the M and T ratings for
each handset. Is there a way that such
information can be used to
automatically supplement the
information now provided in the
Accessibility Clearinghouse database? In
addition, in the event the Commission
adopts a 100 percent compatibility
requirement, will it be necessary to
continue providing information on
hearing aid compatible phones in the
Accessibility Clearinghouse? It is not
the Commission’s intention to create
additional reporting burdens on
manufacturers and service providers,
therefore, the Commission seeks
comment on approaches to ensuring
that the improvements contemplated
above do not impose such burdens.
23. The Commission also seeks
comment on whether service providers
should be able to rely on information in
the Accessibility Clearinghouse and on
Form 655 to the extent that it reflects
compliance information submitted by
manufacturers. Are there any reasons
service providers should not be able to
rely on the Accessibility Clearinghouse
or Form 655? For example, how should
the Commission treat a service provider
if it offers a handset that a manufacturer
has included in the Accessibility
Clearinghouse and indicated to be
compliant in the manufacturer’s annual
FCC Form 655, even if it is later
determined that the handset does not in
fact meet the hearing aid compatibility
requirements? Should such information
create a presumption that the service
provider is not in breach of the
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Commission’s hearing aid compatibility
rules?
7. Burden Reduction
24. In the event the Commission
ultimately transitions to a 100-percent
compatibility regime, the Commission
proposes to ease or eliminate the
reporting, disclosure, labeling, and other
requirements imposed under the current
rules. The Commission seeks comment
on the extent to which these
requirements are unnecessary or
unwarranted in the event the
Commission moves to a 100 percent
regime, and on the costs and benefits of
easing such requirements as they relate
to consumers, manufacturers, and
service providers.
25. Currently, manufacturers are
required to electronically file annual
compliance reports with the
Commission on FCC Form 655 in July
of each year and service providers must
electronically file this form with the
Commission in January of each year.
The Commission seeks comment on
whether to end the reporting
requirements for manufacturers and
service providers in the event the
Commission moves to a 100 percent
regime or at some point thereafter. The
Commission notes that numerous
parties, especially rural and small
service providers, have asserted that
preparing these annual reports is
burdensome. While these reports help
the Commission monitor compliance
with the hearing aid compatibility
benchmarks, will such monitoring still
be necessary, and will the benefits of
these reports still outweigh the burdens,
in the event the Commission moves to
a 100 percent compatibility regime?
Alternatively, should the Commission
eliminate the reporting requirement
only for service providers, on the
grounds that manufacturers’ reports will
be sufficient under a 100 percent regime
to ensure all models available to
consumers are compliant? Should the
Commission maintain the reporting
requirement for other groups for a
certain period of time while noncompliant legacy models remain in
inventory? Should the Commission
maintain reporting requirements for
manufacturers and service providers
who offer handsets that are exempt from
hearing aid compatibility requirements
or can be used for services that are
exempt from these rules? The
Commission notes that the Joint
Consensus Plan would establish two
new benchmarks, at year two and year
five. Should the Commission modify the
content or applicability of the reporting
requirements that apply during the
period following either the two or five
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year benchmark but prior to the
implementation of a 100 percent
compatibility requirement?
26. The existing hearing aid
compatibility rules also require
manufacturers and service providers to
label their hearing aid-compatible
handsets with the appropriate M and T
ratings and provide information on the
rating system, and to meet certain
disclosure requirements for hearing aidcompatible handsets that are not
compatible over all their operations.
The rules also require manufacturers
and service providers to provide
information on their Web sites, such as
a list of all hearing aid-compatible
models currently offered, the associated
rating information for those handsets,
and an explanation of the rating system.
The Commission seeks comment on
whether, in the event the Commission
moves to a 100 percent compatibility
regime, the current labeling and
disclosure requirements should be
eliminated, simplified, or amended.
Alternatively, should the Commission
continue to require disclosure of rating
information in packaging and on Web
sites for hearing aid-compatible handset
models so that consumers can
distinguish between M3 and M4 ratings,
between T3 and T4 ratings, and between
hearing aid-compatible handsets and
grandfathered non-compatible models?
27. The Commission also seeks
comment on whether to eliminate the
product refresh rule applicable to
manufacturers and the differing levels of
functionality rule applicable to service
providers if the Commission moves to a
100 percent compatibility regime or
adopts other modifications to the
benchmarks. The product refresh rule
requires manufacturers that offer new
handset models in a year to ensure that
a certain number of the new models are
hearing aid-compatible. The differing
levels of functionality rule requires
service providers to offer a range of
hearing aid-compatible models with
differing levels of functionality in terms
of capabilities, features, and price. In
the context of benchmarks that do not
require 100 percent of handsets to be
hearing aid-compatible, these additional
requirements help to ensure that people
with hearing loss have access to
handsets with the latest features and
functions and at different price points.
The Commission tentatively concludes
that a refresh rule would serve no
purpose after a 100 percent requirement
takes effect, given that it merely imposes
a fractional obligation on new models,
which would be entirely subsumed by
the new requirement. The Commission
seeks comment on this conclusion. The
Commission further seeks comment on
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whether a 100 percent requirement on
manufacturers would also be sufficient
to ensure that service providers offer a
range of hearing aid-compatible models
with differing levels of functionality.
Will maintaining the differing levels of
functionality requirement help to ensure
that low-income Americans with
hearing loss have access to affordable
hearing aid-compatible handsets?
28. Finally, to the extent the
Commission moves to a 100 percent
compatibility regime, the Commission
seeks comment on whether the
Commission should eliminate or
otherwise ease the deployment
benchmarks applicable to the overall
handset portfolios of manufacturers and
service providers. Will benchmarks
remain necessary, even after a transition
to a 100 percent requirement, to ensure
that manufacturers and service
providers do not weight their portfolios
toward non-compliant grandfathered
handsets? If so, for how long? Would an
additional two-year period be an
appropriate time-frame to sunset these
service provider requirements?
Alternatively, should the Commission
eliminate deployment benchmarks for
Tier III service providers immediately
upon moving to a 100 percent regime,
but preserve it for Tier I and II service
providers for an additional two or three
years? What are the costs and benefits
of eliminating the benchmarks on
service providers if all or nearly all new
models offered by manufacturers will be
compliant?
8. Alternative to the Joint Consensus
Proposal
29. The Commission seeks comment
on whether and how to revise the
current benchmark system in the event
that, based on the record the
Commission receives, the Commission
determines not to adopt the Joint
Consensus Proposal. Should the
Commission pursue another approach to
transition to a 100 percent compatibility
requirement, consistent with the factors
identified in Section 710? What would
be an appropriate transition period?
Should the Commission consider
exceptions, waivers, burden reductions,
legacy handset rules, and alternative
approaches to measuring compliance, as
discussed above in connection with the
Joint Consensus Proposal?
IV. Procedural Matters
A. Initial Regulatory Flexibility Analysis
30. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared
this Initial Regulatory Flexibility
Analysis (IRFA) of the possible
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significant economic impact on a
substantial number of small entities of
the policies and rules proposed in this
Notice of Proposed Rulemaking
(NPRM). Written public comments are
requested on this IRFA. Comments must
be identified as responses to the IRFA
and must be filed by the deadlines for
comments on the NPRM provided
above. The Commission will send a
copy of the NPRM, including this IRFA,
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA).
1. Need for, and Objectives of, the
Proposed Rules
31. To ensure that a wide selection of
digital wireless handset models is
available to consumers with hearing
loss, the Commission’s rules require
both manufacturers and service
providers to meet defined benchmarks
for offering hearing aid-compatible
wireless phones. Specifically,
manufacturers and service providers are
required to offer minimum numbers or
percentages of handset models that meet
specified technical standards for
compatibility with hearing aids
operating in both acoustic coupling and
inductive coupling modes. These
benchmarks apply separately to each air
interface for which the manufacturer or
service provider offers handsets.
32. The wireless hearing aid
compatibility rules have incorporated
this fractional benchmark approach
since the provision was first established
in 2003, but the Commission has on
occasion revised the specific
benchmarks that manufacturers and
service providers are required to meet.
The current benchmarks were
established in 2008 when the
Commission adopted the Joint
Consensus Plan submitted by an
Alliance for Telecommunications
Industry Solutions (ATIS) working
group that included Tier I carriers,
handset manufacturers, and several
organizations representing the interests
of people with hearing loss. That plan
provided for benchmarks to increase
over time, up to a final set of
benchmarks that became effective in
2010 and remain in place today.
33. The current deployment
benchmarks require that, subject to a de
minimis exception described below, a
handset manufacturer must meet, for
each air interface over which its models
operate, (1) at least an M3 rating for RF
interference reduction for at least onethird of its models using that air
interface (rounded down), with a
minimum of two models, and (2) a T3
rating for inductive coupling for at least
one-third of its models using that
interface (rounded down), with a
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minimum of two models. Similarly, for
each of the air interfaces their handsets
use, service providers also must meet an
M3 rating for at least 50 percent of their
models or ten models, and must meet a
T3 rating for at least one-third of their
models or ten models. In general, under
the de minimis exception,
manufacturers and service providers
that offer two or fewer wireless handset
models for any given covered air
interface are exempt from these
benchmarks for those models.
34. In the NPRM, the Commission
seeks comment on a historic agreement
(hereinafter, the ‘‘Joint Consensus
Proposal’’) among key consumer and
industry stakeholders that would revise
the current benchmarks. In brief, the
Joint Consensus Proposal provides that
within two years of the effective date of
new rules adopted, 66 percent of
wireless handsets offered to consumers
should be compliant with the
Commission’s acoustic coupling radio
frequency interference (M rating) and
inductive coupling (T rating)
requirements. The proposal provides
that within five years of the effective
date of new rules adopted, 85 percent of
wireless handsets offered to consumers
should be compliant with the
Commission’s M and T ratings. The
proposal provides that this benchmark
should apply directly to manufacturers
and carriers that offer six or more digital
wireless handset models in an air
interface, with additional compliance
periods for Tier I and Non-Tier I carriers
of six months and eighteen months,
respectively, to account for limits on
handset availability and inventory turnover rates. In addition to these two-year
and five-year benchmarks, the proposal
provides that the Commission should
commit to pursue that 100 percent of
wireless handsets offered to consumers
should be compliant within eight years.
The Joint Consensus Proposal
conditions the transition to 100 percent,
however, on a Commission
determination within seven years of the
rules’ effective date that reaching the
100 percent goal is achievable, based in
part on review of a report by a task force
to be established for this purpose.
35. While the Commission finds that
the existing fractional benchmarks have
been successful in making a broad
variety of hearing aid-compatible
handsets available to consumers with
hearing loss, the Commission recognizes
its statutory obligation to periodically
reassess any exemptions from the
hearing aid compatibility requirements.
The Commission proposes to adopt the
Joint Consensus Proposal, finding that it
provides an effective approach to
replacing the fractional system with one
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that will give consumers with hearing
loss the same selection of wireless
handsets that is available to the general
public.
2. Legal Basis
36. The potential actions about which
comment is sought in this NPRM would
be authorized pursuant to the authority
contained in sections 4(i), 303(r), and
710 of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 303(r),
and 610.
3. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Would Apply
37. 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, 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. A small
business concern is one which: (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. To assist the
Commission in analyzing the total
number of potentially affected small
entities, the Commission requests
commenters to estimate the number of
small entities that may be affected by
any rule changes that might result from
this NPRM.
38. As discussed above, in the NPRM,
the Commission seeks comment on a
revision to the deployment benchmarks.
While these changes would affect the
specific obligations of covered entities
under the rules, it would not alter the
scope of entities subject to the rules, and
accordingly, the Commission finds that
the analysis of the categories and
number of small entities that may be
affected by the proposed rules is the
same as for the Final Regulatory
Flexibility Analysis the Commission
provided in connection with the
revision to those rules adopted in the
Fourth Report and Order. Accordingly,
the Commission incorporates the
analysis in the Final Regulatory
Flexibility Analysis accompanying the
Fourth Report and Order, as the
description and estimate of the number
of small entities to which the proposed
rules would apply.
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4. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
39. The Commission is not proposing
to impose any additional reporting or
record keeping requirements. Rather, as
discussed in the next section, the
Commission is seeking comment on
whether, if it adopts a 100 percent
requirement, it can reduce regulatory
burden on all wireless handset
manufacturers and wireless service
providers regardless of size by
eliminating and streamlining the related
hearing aid compatibility requirements.
Presently, these requirements include
annual reporting, disclosure, labeling,
and other regulatory requirements. As
part of its decision to eliminate or
reduce regulatory burden, the
Commission will consider whether it
can reduce regulatory burden for small
service providers and manufactures, if it
cannot be done for all service providers
and manufacturers.
5. Steps Proposed To Minimize
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
40. The RFA requires an agency to
describe any significant, specifically
small business 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) exemption from
coverage of the rule, or any part thereof,
for small entities.’’
41. In the NPRM, the Commission
proposes to adopt the terms of the Joint
Consensus Proposal, including
provisions that will help to minimize
impact on small entities. The Joint
Consensus Proposal recommends, and
the Commission proposes, that while
increasing the benchmarks at year two
and year five, the Commission keeps in
place the existing de minimis exception
for manufacturers and service providers
offering three handsets or less. The
current de minimis exception provides
that small manufacturers and service
providers that offer two or fewer digital
wireless handsets operating over a
particular air interface are exempt from
the benchmark deployment
requirements in connection with that air
interface, while larger manufacturers
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with two or fewer handsets have a
limited obligation. The provision further
states that any manufacturer or service
provider that offers three digital
wireless handset models operating over
a particular air interface must offer at
least one such handset model with at
least an M3 and T3 rating for that air
interface. In addition to retaining this
exception to the benchmarks, the
Commission proposes to adopt the Joint
Consensus Proposal’s recommendation
that manufacturers and service
providers offering either four or five
handsets in an air interface be required
to ensure that at least two of those
handset models comply with the
Commission’s M and T rating
requirements, rather than be required to
meet the new 66 percent and 85 percent
benchmarks. Finally, the Joint
Consensus Proposal also provides
additional time to small carriers to meet
the benchmarks. Specifically, it
provides that, while manufacturers must
meet the new 66 percent and 85 percent
benchmarks after two and five years,
respectively, following the effective date
of the rules, all non-nationwide carriers
will have eighteen additional months to
reach each benchmark (i.e., eighteen
months after the two and five year
deadlines applicable to manufacturers).
42. With respect to adoption of a 100
percent requirement, the Joint
Consensus Proposal conditions the
transition to 100 percent hearing aid
compatibility on a Commission
determination, after the receipt and
review of a report from a newly
established task force, that reaching the
100 percent goal is ‘‘achievable.’’ The
NPRM seeks comment on how the
Commission should determine
achievability and what criteria should
be utilized in making this
determination. The NPRM also seeks
comment on whether the current de
minimis exception or the expanded de
minimis exception, as proposed by the
Joint Consensus Proposal, should be
preserved in whole or in part if the
Commission determines that adopting a
100 percent benchmark is achievable. In
making the determination of achievable
and whether to keep or expand the de
minimis exception, the Commission will
be considering, in part, whether small
handset manufacturers and service
providers have the resources to meet a
100 percent obligation or whether some
accommodation, such as an exception,
needs to be made for these entities.
43. In addition to the de minimis
exception, the Commission seeks
comment on other possible exceptions
to the 100 percent requirement. These
exceptions could apply to all
manufacturers of wireless handsets or to
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some subset of wireless handset
manufacturers, such as small entities
generally (i.e., including those that do
not fall within the de minimis
exception). Further, the Commission
seeks comment on which compliance
process, such as waivers, should be
modified to accommodate innovation
and carriers’, especially rural and
regional carriers’, handset inventories
and turn-over rates, within a
compliance regime with the enhanced
benchmarks. These modifications would
benefit all wireless handset
manufacturers, including small entities,
with their compliance obligations.
44. In the event the Commission
adopts a 100 percent requirement, the
NPRM seeks comment on
grandfathering legacy handsets that are
not hearing aid-compatible. The NPRM
ask whether the Commission should
allow manufacturers, including small
manufacturers, of wireless handsets the
ability to recoup their investment in
non-hearing aid-compatible legacy
handsets. Under this proposal, the
Commission would allow wireless
handset manufacturers to continue to
offer handset models that have not been
certified as hearing aid-compatible after
the transition period to 100 percent
ends if the manufacturer received
equipment authorization for the handset
prior to the end of that period. This
proposal should help to minimize the
economic impact of a 100 percent
requirement on small entities.
45. The NPRM also seeks comment on
whether transitioning to a 100 percent
requirement would justify easing or
eliminating several requirements
associated with the hearing aid
compatibility rules, which would
further reduce the net economic impact
of the adopted changes on these
manufacturers and providers, including
small entities. First, under the current
rules, manufacturers are required to
electronically file annual compliance
reports with the Commission on FCC
Form 655 in July of each year and
service providers must electronically
file this form with the Commission in
January of each year. While these
reports help the Commission to monitor
compliance with the hearing aid
compatibility benchmarks, numerous
parties, especially rural and small
entities, have asserted that having to file
these annual reports is burdensome. The
Commission seeks comment on whether
to end or modify the reporting
requirements for manufacturers and
service providers at some point as the
benchmarks increase. These changes to
the reporting requirements would
benefit all service providers and
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manufacturers, including small
providers and manufacturers.
46. The existing hearing aid
compatibility rules also require that
manufacturers and service providers
meet certain labeling and disclosure
requirements for hearing aid-compatible
handsets, and provide information on
their Web sites, such as making
available on their publicly-accessible
Web sites a list of all hearing aidcompatible models currently offered,
the associated rating information for
those handsets, and an explanation of
the rating system. The Commission
seeks comment on whether, upon
implementation of the 100 percent
requirement, the current labeling and
disclosure requirements should be
eliminated or amended.
47. The Commission also seeks
comment on whether, if it adopts a 100
percent requirement or other
modifications to the benchmarks, it
should eliminate the product refresh
rule applicable to manufacturers, which
provides that each manufacturer that
offers any new model for a particular air
interface during the calendar year must
‘‘refresh’’ its offering of hearing aidcompatible handset models by offering
a mix of new and existing models that
comply with the hearing aid
compatibility technical standards. It
further seeks comment on eliminating
the differing levels of functionality rule
applicable to service providers. Finally,
if the Commission adopts a 100 percent
requirement, the NPRM seeks comment
on whether to eliminate or otherwise
ease the deployment benchmarks
applicable to the overall handset
portfolios of manufacturers and service
providers. Elimination of these rules
would benefit small entities as well as
larger manufacturers and service
providers.
48. The Commission seeks comment
generally on the effect, economic
impact, or burden of the rule changes
considered in the NPRM on small
entities. It further seeks comment on
any alternatives that would reduce the
economic impact on small entities. It
also seeks comment on whether there
are any alternatives the Commission
could implement that could achieve the
Commission’s goals while at the same
time minimizing or further reducing the
burdens on small entities, and on what
effect such alternative rules would have
on those entities. The Commission
invites comment on ways in which it
can achieve its goals while minimizing
the burden on small wireless handset
manufacturers and service providers.
For the duration of this docketed
proceeding, the Commission will
continue to examine alternatives with
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the objectives of eliminating
unnecessary regulations and minimizing
any significant economic impact on
small entities.
6. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
49. None.
B. Initial Paperwork Reduction Act
Analysis
50. The Notice of Proposed
Rulemaking contains proposed modified
information collection requirements.
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
the Office of Management and Budget
(OMB) to comment on the information
collection requirements contained in
this document, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the Commission seeks specific comment
on how the Commission might further
reduce the information collection
burden for small business concerns with
fewer than 25 employees.
C. Other Procedural Matters
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1. Ex Parte Rules—Permit-But-Disclose
51. The proceeding that the Notice of
Proposed Rulemaking initiates shall be
treated as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. 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
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shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
rule 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
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.
2. Comment Filing Procedures
52. Pursuant to sections 1.415 and
1.419 of the Commission’s rules, 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. All filings
related to this Notice of Proposed
Rulemaking should refer to WT Docket
No. 15–285. Comments may be filed
using: (1) The Commission’s Electronic
Comment Filing System (ECFS), (2) the
Federal Government’s eRulemaking
Portal, or (3) by filing paper copies. See
Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121
(May 1, 1998).
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
PO 00000
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• Commercial 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 must be
addressed to 445 12th Street SW.,
Washington, DC 20554.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
V. Ordering Clauses
53. It is ordered, pursuant to sections
4(i), 303(r), and 710 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(r), and
610, this Notice of Proposed
Rulemaking is hereby adopted.
54. It is further ordered that pursuant
to applicable procedures set forth in
sections 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments on this Notice of Proposed
Rulemaking on or before January 14,
2016, and reply comments on or before
January 29, 2016.
55. It is further ordered that the
Commission’s Consumer &
Governmental Affairs Bureau, Reference
Information Center, SHALL SEND a
copy of this Notice of Proposed
Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 20
Communications common carriers,
Communications equipment,
Incorporation by reference, Radio.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the
Secretary.
Proposed Rules
For the reason discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 20 as follows:
PART 20—COMMERCIAL MOBILE
SERVICES
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, 610, 615, 615a, 615b, 615c,
unless otherwise noted.
E:\FR\FM\05JAP1.SGM
05JAP1
Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Proposed Rules
2. Section 20.19 is amended by
revising paragraph (c) introductory text,
adding paragraph (c)(1)(i)(C), revising
paragraph (c)(1)(ii), adding paragraphs
(c)(2)(iii) and (c)(3)(iii), revising
paragraph (c)(4)(ii) and paragraph (d)
introductory text, adding paragraphs
(d)(1)(iii), (d)(2)(iii), and (d)(3)(iii),
revising paragraph (d)(4)(ii), adding
paragraphs (e)(3) and (4), revising
paragraph (i)(1), and adding paragraph
(m) to read as follows:
■
§ 20.19 Hearing aid-compatible mobile
handsets.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
*
*
*
*
*
(c) Phase-in of requirements relating
to radio frequency interference. Until
[eight years after the effective date of the
rules], the following applies to each
manufacturer and service provider that
offers wireless handsets used in the
delivery of the services specified in
paragraph (a) of this section and that
does not fall within the de minimis
exception set forth in paragraph (e) of
this section.
(1) * * *
(i) * * *
(C) [Beginning two years after the
effective date of the rules], each
manufacturer of wireless handsets
models must ensure that 66 percent of
the wireless handset offered to
consumers shall comply with the
requirements set forth in paragraph
(b)(1) of this section. [Beginning five
years after the effective date of the
rules], each manufacturer of wireless
handsets must ensure that 85 percent of
the wireless handset models offered to
consumers shall comply with the
requirements set forth in paragraph
(b)(1) of this section.
(ii) Refresh requirement. Until [eight
years after the effective date of the
rules], for each year a manufacturer
elects to produce a new model, each
manufacturer that offers any new model
for a particular air interface during the
calendar year must ‘‘refresh’’ its
offerings of hearing aid-compatible
handset models by offering a mix of new
and existing models that comply with
paragraph (b)(1) of this section
according to the following requirements:
*
*
*
*
*
(2) * * *
(iii) [Beginning two and half years
after the effective date of the rules],
ensure that 66 percent of the wireless
handset models offered to consumers
shall comply with the requirements set
forth in paragraph (b)(1) of this section.
[Beginning five and half years after the
effective date of the rules], ensure that
85 percent of the wireless handset
models offered to consumers shall
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18:34 Jan 04, 2016
Jkt 238001
comply with the requirements set forth
in paragraph (b)(1) of this section.
(3) * * *
(iii) [Beginning three and half years
after the effective date of the rules],
ensure that 66 percent of the wireless
handset models offered to consumers
shall comply with the requirements set
forth in paragraph (b)(1) of this section.
[Beginning six and half years after the
effective date of the rules], ensure that
85 percent of the wireless handset
models offered to consumers shall
comply with the requirements set forth
in paragraph (b)(1) of this section.
(4) * * *
(ii) Offering models with differing
levels of functionality. Until [eight years
after the effective date of the rules], each
service provider must offer its
customers a range of hearing aidcompatible models with differing levels
of functionality (e.g., operating
capabilities, features offered, prices).
Each provider may determine the
criteria for determining these differing
levels of functionality, and must
disclose its methodology to the
Commission pursuant to paragraph
(i)(3)(vii) of this section.
(d) Phase-in of requirements relating
to inductive coupling capability. Until
[eight years after the effective date of the
rules], the following applies to each
manufacturer and service provider that
offers wireless handsets used in the
delivery of the services specified in
paragraph (a) of this section and that
does not fall within the de minimis
exception set forth in paragraph (e) of
this section.
(1) * * *
(iii) [Beginning two years after the
effective date of the rules], each
manufacturer of wireless handsets
models must ensure that 66 percent of
the wireless handset offered to
consumers shall comply with the
requirements set forth in paragraph
(b)(2) of this section. [Beginning five
years after the effective date of the
rules], each manufacturer of wireless
handsets must ensure that 85 percent of
the wireless handset models offered to
consumers shall comply with the
requirements set forth in paragraph
(b)(2) of this section.
(2) * * *
(iii) [Beginning two and half years
after the effective date of the rules],
ensure that 66 percent of the wireless
handset models offered to consumers
shall comply with the requirements set
forth in paragraph (b)(2) of this section.
[Beginning five and half years after the
effective date of the rules], ensure that
85 percent of the wireless handset
models offered to consumers shall
PO 00000
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Fmt 4702
Sfmt 4702
213
comply with the requirements set forth
in paragraph (b)(2) of this section.
(3) * * *
(iii) [Beginning three and half years
after the effective date of the rules],
ensure that 66 percent of the wireless
handset models offered to consumers
shall comply with the requirements set
forth in paragraph (b)(2) of this section.
[Beginning six and half years after the
effective date of the rules], ensure that
85 percent of the wireless handset
models offered to consumers shall
comply with the requirements set forth
in paragraph (b)(2) of this section.
(4) * * *
(ii) Offering models with differing
levels of functionality. Until [eight years
after the effective date of the rules], each
service provider must offer its
customers a range of hearing aidcompatible models with differing levels
of functionality (e.g., operating
capabilities, features offered, prices).
Each provider may determine the
criteria for determining these differing
levels of functionality, and must
disclose its methodology to the
Commission pursuant to paragraph
(i)(3)(vii) of this section.
(e) * * *
(3) Beginning [two years after the
effective date of the rules],
manufacturers that offer four or five
digital wireless handset models in an air
interface must offer at least two handset
models compliant with paragraphs
(b)(1) and (2) of this section in that air
interface.
(4) Beginning [two and a half years
after the effective date of the rules] for
Tier I carriers and [three and half years
after the effective date of the rules] for
other service providers, service
providers that offer four or five digital
wireless handset models in an air
interface must offer at least two handset
models compliant with paragraphs
(b)(1) and (2) of this section in that air
interface.
*
*
*
*
*
(i) * * *
(1) Reporting dates. Until [eight years
after the effective date of the rules],
manufacturers shall submit reports on
efforts toward compliance with the
requirements of this section on July 15,
2009, and annually thereafter. Until
[eight years after the effective date of the
rules], service providers shall submit
reports on efforts toward compliance
with the requirements of this section on
January 15, 2009, and annually
thereafter. Information in the reports
must be up-to-date as of the last day of
the calendar month preceding the due
date of the report.
*
*
*
*
*
E:\FR\FM\05JAP1.SGM
05JAP1
214
Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Proposed Rules
(m) Compatibility requirements for all
new models. To the extent the
Commission has determined it
achievable, beginning [eight years after
the effective date of the rules], all
wireless handset models that a
manufacturer offers in the United States
and that are within the scope of this
section must be certified as hearing aidcompatible under the standards of
paragraph (b) of this section.
[FR Doc. 2015–32756 Filed 1–4–16; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2015–0128;
4500030113]
RIN 1018–AZ97
Endangered and Threatened Wildlife
and Plants; Proposed Endangered
Status for Five Species From American
Samoa
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
public comment period and notice of
public hearing.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the comment period on our
October 13, 2015, proposed rule to list
five species from American Samoa—two
endemic American Samoan land snails,
the American Samoa distinct population
segment of the friendly ground-dove,
the Pacific sheath-tailed bat (South
Pacific subspecies), and the mao—as
endangered species under the
Endangered Species Act of 1973, as
amended (Act). We now reopen the
public comment period for an
additional 30 days and announce notice
of a public hearing and public
information meeting on our proposed
rule. We are reopening the public
comment period to allow all interested
parties additional time and opportunity
to comment on the proposed rule.
DATES: Public Hearing: We will hold a
public hearing, preceded by a public
information meeting. The public hearing
and public information meeting will be
held in the U.S. Territory of American
Samoa on the island of Tutuila. A
public hearing will take place on
Thursday, January 21, 2016, at the
Governor H. Rex Lee Auditorium or Fale
Laumei, Main Building, from 3:00 p.m.
to 5:00 p.m., and will be preceded by a
public information meeting from 2:00
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
18:34 Jan 04, 2016
Jkt 238001
p.m. to 3:00 p.m. at the same location.
See ADDRESSES for location details.
Written Comments: We will consider
comments received or postmarked on or
before February 4, 2016 or at the public
hearing. Please note that comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES) must be received by 11:59
p.m. Eastern Time on the closing date.
Any comments that we receive after the
closing date may not be considered in
the final decision on these actions.
ADDRESSES: Document Availability: You
may obtain copies of the proposed rule
at https://www.regulations.gov at Docket
No. FWS–R1–ES–2015–0128; from the
Pacific Islands Fish and Wildlife
Office’s Web site (https://www.fws.gov/
pacificislands); or by contacting the
Pacific Islands Fish and Wildlife Office
directly (see FOR FURTHER INFORMATION
CONTACT).
Public Hearing: The public hearing
and public information meeting on the
proposed listing of the five American
Samoa species will be held as follows:
On the island of Tutuila, a public
hearing will take place on Thursday,
January 21, 2016, at the Governor H. Rex
Lee Auditorium or Fale Laumei, Main
Building, located at Route 1, William
McKinley Memorial Highway, Utulei,
American Samoa 96799, from 3:00 p.m.
to 5:00 p.m., and will be preceded by a
public information meeting from 2:00
p.m. to 3:00 p.m. People needing
reasonable accommodation in order to
attend and participate in either the
public hearing or the public meeting
should contact Mary Abrams, Field
Supervisor, Pacific Islands Fish and
Wildlife Office, as soon as possible (see
FOR FURTHER INFORMATION CONTACT).
Comment submission: You may
submit comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R1–ES–2015–0128, which is
the docket number for this action. You
may submit a comment by clicking on
‘‘Comment Now!’’
(2) By hard copy: Submit comments
on the proposed listing rule by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R1–ES–2015–
0128; Division of Policy, Performance,
and Management Programs; U.S. Fish
and Wildlife Service Headquarters, MS:
BPHC, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
(3) Public hearing: Interested parties
may provide oral or written comments
at the public hearing (see DATES).
We request that you provide
comments only by the methods
PO 00000
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Fmt 4702
Sfmt 4702
described above. We will post all
comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Mary Abrams, Field Supervisor, Pacific
Islands Fish and Wildlife Office, 300
Ala Moana Boulevard, Honolulu, HI
96850; by telephone at 808–792–9400;
or by facsimile at 808–792–9581.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We are reopening the public comment
period for 30 days on our October 13,
2015, proposed rule to list the five
American Samoa species (80 FR 61568),
to allow all interested parties additional
time to comment on the proposed rule.
We received a request for a public
hearing and to extend the public
comment period beyond the December
14, 2015, due date in our October 13,
2015, proposal. We will accept
comments and information until the
date specified above in DATES or at the
public hearing. We will consider all
information and recommendations from
all interested parties.
For details on specific information
that we are requesting, please see the
Information Requested section in our
proposed listing rule (80 FR 61568) for
the five American Samoa species. The
proposed rule is available at the Federal
eRulemaking Portal at https://
www.regulations.gov (see ADDRESSES,
above). Our final determination
concerning this proposed rulemaking
will take into consideration all written
and oral comments and any additional
information we receive. If you
previously submitted comments or
information on the proposed rule,
please do not resubmit them. We have
incorporated them into the public
record, and we will fully consider them
in our final rulemaking.
You may submit your comments and
materials concerning the proposed rule
by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES.
If you submit a comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
on the Web site. We will post all
hardcopy comments on https://
www.regulations.gov as well. If you
E:\FR\FM\05JAP1.SGM
05JAP1
Agencies
[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Proposed Rules]
[Pages 204-214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32756]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20
[WT Docket No. 15-285; FCC 15-155]
Improvements to Benchmarks and Related Requirements Governing
Hearing Aid-Compatible Mobile Handsets
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks comment on revisions to the Commission's wireless
hearing aid compatibility rules. The Commission proposes to adopt a
consensus approach developed cooperatively by consumer advocates and
industry trade associations, which would require manufacturers and
service providers to increase the percentage of new wireless handset
models that are hearing aid compatible over time, culminating in a
system in which all wireless handset models are accessible to people
with hearing loss.
DATES: Interested parties may file comments on or before January 14,
2016, and reply comments on or before January 29, 2016.
ADDRESSES: You may submit comments, identified by WT Docket No. 15-285;
FCC 15-155, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Mail: 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.
People with Disabilities: Contact the Commission to
request reasonable accommodations (accessible format documents, sign
language interpreters, CART, etc.) by email: fcc504@fcc.gov or phone:
202-418-0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
In addition to filing comments with the Secretary, a copy of any
comments on the Paperwork Reduction Act information collection
modifications proposed herein should be submitted to the Commission via
email to PRA@fcc.gov and to Nicholas A. Fraser, Office of Management
and Budget, via email to Nicholas_A._Fraser@omb.eop.gov or via fax at
202-395-5167.
FOR FURTHER INFORMATION CONTACT: For further information regarding the
NPRM, contact Michael Rowan, Wireless Telecommunications Bureau, (202)
418-1883, email Michael.Rowan@
[[Page 205]]
fcc.gov, or Eli Johnson, Wireless Telecommunications Bureau (202) 418-
1395, email Eli.Johnson@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) in WT Docket No. 15-285; FCC 15-155,
adopted November 19, 2015, and released on November 20, 2015. This
summary should be read with its companion document, the Fourth Report
and Order summary published elsewhere in this issue of the Federal
Register. The full text of the NPRM is available for public inspection
and copying during business hours in the FCC Reference Information
Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC
20554. It also may be purchased from the Commission's duplicating
contractor at Portals II, 445 12th Street SW., Room CY-B402,
Washington, DC 20554; the contractor's Web site, https://www.bcpiweb.com; or by calling (800) 378-3160, facsimile (202) 488-
5563, or email FCC@BCPIWEB.com. Additionally, the complete item is
available on the Commission's Web site at https://www.fcc.gov.
Synopsis of the Notice of Proposed Rulemaking
I. Introduction
1. In this NPRM, the Commission seeks comment on potential
revisions to the Commission's part 20 rules governing wireless hearing
aid compatibility. The Commission initiates this proceeding to develop
a record on an innovative and groundbreaking proposal, advanced
collaboratively by industry and consumer groups, to replace the current
fractional regime with the staged adoption of a system under which all
covered wireless handsets will be hearing aid-compatible. The
Commission proposes to adopt this consensus approach, which recognizes
that the stakeholders themselves are best positioned to craft a regime
that ensures full accessibility while protecting incentives to innovate
and invest.
II. Background
2. The Joint Consensus Proposal provides that within two years of
the effective date of the adoption of the new benchmark rules, 66
percent of wireless handset models offered to consumers should be
compliant with the Commission's acoustic coupling radio frequency
interference (M rating) and inductive coupling (T rating) requirements.
The proposal provides that within five years of the effective date of
new rules adopted, 85 percent of wireless handset models offered to
consumers should be compliant with the Commission's M and T ratings.
3. The proposal provides that these new benchmarks should apply to
manufacturers and carriers that offer six or more digital wireless
handset models in an air interface, except that Tier I and Non-Tier I
carriers would receive six months and eighteen months of additional
compliance time, respectively, to account for availability of handsets
and inventory turn-over rates. The proposal states that the existing de
minimis exception should continue to apply for manufacturers and
carriers that offer three or fewer handset models in an air interface
and that manufacturers and carriers that offer four or five digital
wireless handset models in an air interface should ensure that at least
two of those handsets models are compliant with our M and T rating
requirements. In addition, the proposal provides that these benchmarks
should only be applicable if testing protocols are available for a
particular air interface.
4. In addition to these two-year and five-year benchmarks, the
proposal provides that ``[t]he Commission should commit to pursue that
100% of wireless handsets offered to consumers should be compliant with
[the M and T rating requirements] within eight years.'' The Joint
Consensus Proposal conditions the transition to 100 percent, however,
on a Commission determination within seven years of the rules'
effective date that reaching the 100 percent goal is ``achievable.''
The Joint Consensus Proposal prescribes the following process for
making that determination:
[The Commission shall create] a task force, including all
stakeholders, identifying questions for exploration in year four
after the effective date that the benchmarks described above are
established. After convening, the stakeholder task force will issue
a report to the Commission within two years.
The Commission, after review and receipt of the report described
above, will determine whether to implement 100 percent compliance
with [the M and T ratings requirements] based on concrete data and
information about the technical and market conditions involving
wireless handsets and the landscape of hearing improvement
technology collected in years four and five. Any new benchmarks
resulting from this determination, including 100 percent compliance,
would go into effect no less than twenty-four months after the
Commission's determination.
Consumer groups and the Wireless Industry shall work together to
hold meetings going forward to ensure that the process will include
all stakeholders: including at a minimum, consumer groups,
independent research and technical advisors, wireless industry
policy and technical representatives, hearing aid manufacturers and
Commission representatives.
III. Discussion
5. The Commission proposes to adopt the general approach discussed
in the Joint Consensus Proposal, including the staged benchmark
revisions, the Commission's determination of achievability, and the
process for moving to a 100 percent compliance standard, and the
Commission seeks comment on this proposal and its various components.
The Commission recognizes that the Joint Consensus Proposal reflects
the intensive efforts and commitment of consumer and industry
stakeholders to develop an approach that expands access for consumers
with hearing loss while preserving the flexibility that allows
innovation to flourish. The Commission notes that the current hearing
aid compatibility rules, including the current benchmarks, are also
based on a consensus proposal developed and submitted in 2007 by
representatives of the wireless industry and consumers with hearing
loss. In substantially adopting the terms of that proposal, the
Commission found that broad multi-stakeholder support ``testifie[d] to
the success of the proffered proposals in meeting the goals of the
Hearing Aid Compatibility Act, and in addressing the concerns of
manufacturers and service providers while still advancing the interests
of consumers with hearing loss in having greater access to advanced
digital wireless communications.'' Given the success of the previous
consensus proposal, and recognizing that the Joint Consensus Proposal
was generated by the very stakeholders that it will impact most
directly, the Commission considers favorably the Joint Consensus
Proposal--particularly to the extent that it moves toward a 100 percent
hearing aid compatibility requirement without discouraging or impairing
the development of improved technology. The Commission also believes
that an approach developed through consensus among the relevant
stakeholders may yield outcomes that most effectively leverage
innovative technological solutions.
6. Accordingly, below, the Commission seeks comment on the merits
of the Joint Consensus Proposal, both with respect to its overall
effectiveness in fulfilling Congress's intent to ensure access to
telephones for people with hearing loss under Section 710 of the
Communications Act as amended by the CVAA, and more specifically with
respect to its various components as these have been
[[Page 206]]
presented jointly by the consumer and industry stakeholders. The
Commission also seeks comment on several related matters.
1. The Joint Consensus Proposal
7. Benchmarks. First, the Commission asks commenters to address the
timeframes that the proposal describes as well as the process for the
Commission's determination of achievability. Are the proposed new
benchmarks appropriate for all covered entities and handsets? How will
these benchmarks effectively meet the needs of consumers while
protecting innovation and competition for current and future
operations? The Commission asks commenters who recommend different
benchmarks for small entities, for certain technologies or services, or
for meeting the standards for acoustic coupling and inductive coupling
to explain their reasoning in detail, along with justifications for why
their preferred alternatives would be better than the approach
contained in the Joint Consensus Proposal, taking into consideration
the purposes and goals of Section 710. The Joint Consensus Proposal
provides that the Commission should commit to pursuing a goal of 100
percent compatibility within eight years of the effective date at the
time the revised benchmarks are established. The Commission seeks
comment on this eight-year period. Would a longer or shorter transition
period be more appropriate and, if so, why?
8. De minimis exception to two- and five-year benchmarks. The
proposal recommends that the existing de minimis exception to the
benchmarks should continue to apply for manufacturers and carriers that
offer three or fewer handset models in an air interface and that the
rule should further provide that manufacturers and carriers that offer
four or five digital wireless handset models in an air interface should
ensure that at least two of those handsets models are compliant with
sections 20.19(b)(1) and (b)(2). The Commission seeks comment on these
proposed exceptions to the new benchmarks.
9. Determination of Achievability. The Commission seeks comment on
the proposed process for determining achievability. For example, in
determining achievability, should the Commission limit itself to
assessing information and data collected in years four and five, or
should it also take account of more recent data and information that
may be available at that time? Should the Commission seek public
comment in connection with reaching the achievability determination?
Are there any aspects of the Joint Consensus Proposal's benchmarks,
timing, and achievability determination that the Commission should not
adopt? Should the Commission supplement them with any additional
requirements or considerations? Regarding the proposed task force, the
Commission seeks comment on how and through what process or mechanism
the Commission should establish the task force, on whether the task
force should be established without delay even if its primary functions
would not begin until year four, and on how the task force should be
structured and its membership determined, including how to ensure that
``all stakeholders'' are adequately represented. The Commission also
seeks comment on which issues or questions the Commission should ask
the task force to explore, on the scope and content of the task force's
report, and on the processes or rules, if any, that should govern its
activities.
10. The Commission also seeks comment on how the Commission should
determine achievability, including the appropriate substantive
definition, standard, or framework to govern the Commission's
determination. For example, should the determination of achievability
be based on relevant factors specified in Section 710, e.g.,
technological feasibility, marketability, and impact on the use and
development of technology? The Commission notes that the CVAA contains
a specific definition of achievability that applies in the context of
sections 716 and 718 of the Act. Specifically, Section 716(g) of the
Act defines the term ``achievable'' to mean ``with reasonable effort or
expense, as determined by the Commission.'' Section 716 requires
providers of advanced communications services and manufacturers of
equipment used for those services to make their offerings accessible to
and usable by individuals with disabilities, unless not achievable.
Section 718 requires manufacturers of telephones used with public
mobile services to ensure that web browsers on those devices are
accessible to and usable by individuals who are blind or have a visual
impairment, unless doing so is not achievable. Given that these
sections similarly contain mandates for equipment accessibility by
people with disabilities, is it appropriate to apply the CVAA
achievability definition here as well? Or would an alternative be
preferable in the context of the Joint Consensus Proposal?
11. In considering whether the 100 percent goal is achievable,
should the Commission consider innovative approaches, including
standards or technologies that are different from the currently
applicable ANSI standard, that can achieve telephone access for
consumers with hearing loss? For example, Apple has explained that it
``work[ed] outside the existing Part 20 framework to advance its goal
of dramatically improving the user experience for individuals with
hearing loss,'' and that it developed a new hearing aid platform that
relies on Bluetooth[supreg] technology. The Commission urges
stakeholders to think broadly in developing alternative approaches,
whether they build on Apple's experience or other efforts, as the
Commission is confident that creativity and innovation can
significantly advance the interests of consumers with hearing loss
without hobbling wireless innovation. The Commission is particularly
interested in commenters' insights regarding alternative compliance
approaches that can, in a technologically neutral manner, ensure that
devices are fully accessible for users with hearing loss.
2. Stakeholders' Suggested Requests for Comment
12. The Joint Proposal itself recommends that the Commission seek
comment on various issues related to modifying the benchmark regime. In
particular, it suggests that the Commission seek comment on the
following issues, which it now does:
The Commission should seek comment in the NPRM on how the FCC's
rules should be modified to ensure manufacturers and service
providers meet the new benchmarks while preserving the ability to
offer innovative wireless handsets in a rapidly changing market. For
example, the Commission should seek comment on whether wireless
handsets can be deemed compliant with the HAC rules through means
other than by measuring RF interference and inductive coupling. In
addition, the Commission should seek comment on which compliance
processes, such as waivers, should be modified to accommodate
innovation and carriers', especially rural and regional carriers',
handset inventories and turn-over rates, within a compliance regime
with the enhanced benchmarks described above. The Commission also
should seek comment on whether disclosures to consumers could serve
as a means of compliance for wireless handsets utilizing new air
interfaces or technologies where HAC standards or testing protocols
are not yet available. In addition to examining the effect on
innovation, the Commission should seek comment on the impact of the
new benchmarks on U.S. product offerings.
The Commission should also seek comment on the best ways to
improve collaboration on consumer education including but not
limited to: making
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information about the HAC ratings of wireless handsets and hearing
aids more easily discoverable and accessible by consumers as well as
how HAC information should be updated on Web sites in a timely
manner that is usable by consumers. The Commission should also
request comment on how the hearing aid industry and other relevant
stakeholders should take measures to ensure that consumers have
improved access to the HAC ratings of hearing aids.
13. In connection with the suggested questions regarding waivers,
the Commission also seeks comment on how to best to apply the Section
710(b)(3) waiver process in the context of the Joint Consensus
Proposal. Should the Commission establish a fixed time period within
which the Commission must take action on waiver requests? If so, would
180 days be an appropriate amount of time, considering both the need to
develop a full record and the importance of avoiding delay in the
introduction of new technologies? If not 180 days, what amount of time
would be appropriate? If the Commission establishes a time period for
Commission action, are there situations in which the Commission should
have the ability to extend the deadline?
3. Analysis of Statutory Factors
14. The Commission seeks comment on whether the Joint Consensus
Proposal is consistent with and warranted under Section 710 of the
Communications Act. Section 710(b)(2)(B) directs the Commission to use
a four-part test to periodically reassess exemptions from the hearing
aid compatibility requirements for wireless handsets. Specifically, the
statute directs the Commission to revoke or limit an exemption if it
finds that (1) Continuing the exemption without such revocation or
limitation would have an adverse effect on individuals with hearing
loss; (2) compliance with the hearing aid compatibility requirements
would be technologically feasible for devices to which the exemption
applies; (3) the cost of compliance would not increase costs to such an
extent that the newly covered devices could not be successfully
marketed; and (4) revoking or limiting the exemption is in the public
interest. The Commission seeks comment on whether this analysis is
applicable to the changes proposed in the Joint Consensus Proposal,
whether such changes would meet this four-part test, and whether the
proposal requires any modifications to satisfy the statutory standard.
15. Section 710 further directs that, in any rulemaking to
implement hearing aid compatibility requirements, the Commission should
(1) specifically consider the costs and benefits to all telephone
users, including people with and without hearing loss, (2) ensure that
hearing aid compatibility regulations encourage the use of currently
available technology and do not discourage or impair the development of
improved technology, and (3) use appropriate timetables and benchmarks
to the extent necessary due to technical feasibility or to ensure
marketability or availability of new technologies to users. The
Commission therefore asks commenters to address these factors in their
analysis of the proposal and to explain whether modifications are
warranted.
4. Standards and Technologies for Meeting Compatibility
16. The Commission seeks comment on whether the compatibility
requirement--revised pursuant to the Joint Consensus Proposal or in any
other manner--should specifically require both a minimum M3 and minimum
T3 rating, or whether manufacturers should be allowed to meet the
requirement by incorporating other methods of achieving compatibility
with hearing aids, such as Bluetooth[supreg]. The Commission is mindful
that some innovative advances in accessibility features have resulted
from outside-of-the-box solutions, and the Commission does not wish to
discourage these types of pioneering advances. The Commission seeks
comment on the extent to which such alternative approaches are able to
meet the communications needs of people with hearing loss.
Specifically, in addition to commenting on the effectiveness of such
alternatives for aiding in comprehending telephone conversation, the
Commission asks commenters to provide information about the cost of
such devices to consumers, as well as the ease of procuring devices
needed to use such alternatives. Given these criteria, what approaches
should the Commission recognize as viable alternatives, how should such
alternative approaches be incorporated into the hearing aid
compatibility rules, what customer disclosures should be required for
alternative approaches, and what standards should apply to the
alternative approaches, particularly with respect to testing and rating
alternative devices and technologies? How, if at all, would such
alternative approaches impact the efficacy of the Joint Consensus
Proposal?
17. What are the costs and benefits of allowing these alternative
approaches? For example, Apple proposes that the Commission apply the
ANSI standards as a ``safe harbor'' for hearing aid compatibility but
to ``reward innovators for finding other, better solutions that result
in real accessibility even if they do not meet the ANSI standards.''
Although Apple proposes this approach as an alternative method of
meeting the existing benchmarks, the Commission seeks comment on
whether to adopt it in conjunction with the Joint Consensus Proposal.
The Commission also seeks comment on how to determine hearing aid
compatibility outside of compliance with the applicable ANSI standard.
The Commission invites commenters to consider alternatives of this kind
when evaluating the Joint Consensus Proposal.
5. Exceptions
18. The current de minimis exception provides that small
manufacturers and service providers that offer two or fewer digital
wireless handset models operating over a particular air interface are
exempt from the benchmark deployment requirements in connection with
that air interface, while larger manufacturers and service providers
with two or fewer handset models have a limited obligation. The
provision further states that any manufacturer or service provider that
offers three digital wireless handset models operating over a
particular air interface must offer at least one such handset model
that meets the M3 and T3 standards for that air interface. Although the
Joint Consensus Proposal recommends retaining this exception for the
new two and five year benchmarks (with an added provision for entities
offering four or five handsets), it does not expressly address whether
and how the exception will continue to apply under a subsequent 100
percent requirement.
19. The Commission seeks comment on whether to preserve the de
minimis exception in whole or in part in the event the Commission
adopts a 100 percent requirement. Should the Commission preserve the
exception during the transitional periods prior to implementation of a
100 percent compatibility requirement, as proposed in the Joint
Consensus Plan? Alternatively, should the Commission phase out the de
minimis exception over the course of the transitional periods? Should
the Commission preserve the exception even in the event of a 100
percent compatibility obligation? How would the de minimis exception
operate under a 100-percent compatibility requirement? If a qualifying
manufacturer were to offer a non-compliant handset, could any provider
make it available to consumers, or would it only be available to
providers that are also eligible for the exception? If such handsets
were unavailable to providers that were not eligible for the
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exception, would preserving the exception effectively limit consumer
choice in many cases? If so, are there distinct aspects or features of
the exception that the Commission should preserve?
20. The Commission seeks comment on whether it should include any
other exceptions in the event the Commission adopts a 100 percent
compatibility requirement, and how such exceptions are consistent with
and warranted under Section 710's requirements. The Commission seeks
comment on whether there are particular air interfaces, such as GSM
operating in the 1900 MHz band, which will face particular difficulties
in meeting a 100 percent compatibility requirement and, if so, whether
and how such difficulties should be specifically addressed or
accommodated under a 100 percent compatibility requirement. Are there
new technological solutions that should better enable GSM/1900 handsets
to achieve hearing aid compatibility and, if so, what requirements
should apply to GSM/1900 handsets given such solutions?
6. Legacy Models
21. In the event the Commission adopts a 100 percent compatibility
requirement, the Commission seeks comment on the appropriate treatment
of legacy models. Should non-hearing aid-compatible handsets that
received equipment authorization prior to the end of any transition
period be grandfathered to better ensure that manufacturers are able to
recoup their investments in their legacy handsets? The Commission seeks
comment on this option, on alternative approaches to grandfathering,
and on whether, following some additional period after a transition to
a 100 percent compatibility regime, the Commission should require
hearing aid compatibility for all handset models offered (as opposed to
just models released after transitioning to the 100 percent regime).
22. The Commission further seeks comment on how best to ensure that
people with hearing loss are able to find hearing aid compatible phones
that can meet their communication needs during the transition period to
a 100 percent compatibility requirement. The Commission notes that
Section 717(d) of the Communications Act, added by the CVAA, requires
the Commission to maintain a clearinghouse of information about
accessible products and services required under sections 255, 716, and
718 of the Act. The Commission launched its Accessibility Clearinghouse
in October 2011. Among other things, this database allows consumers to
search for wireless handsets with accessibility features that meet the
needs of various disabilities, including hearing aid compatible
handsets. Does this Accessibility Clearinghouse, or the Web sites upon
which it relies, effectively provide the information needed by
consumers to locate hearing aid compatible phones? In other words, does
it enable a consumer to determine without difficulty whether any
particular handset model is hearing aid compliant? If not, the
Commission seeks comment on the format and type of information that the
Commission should include in the Accessibility Clearinghouse in order
to empower consumers to make educated decisions about their handset
purchases. The Commission notes, for example, that currently,
manufacturers are required to electronically file annual compliance
reports with the Commission on FCC Form 655 in July of each year and
service providers must electronically file this form with the
Commission in January of each year. These reports include, among other
information, the M and T ratings for each handset. Is there a way that
such information can be used to automatically supplement the
information now provided in the Accessibility Clearinghouse database?
In addition, in the event the Commission adopts a 100 percent
compatibility requirement, will it be necessary to continue providing
information on hearing aid compatible phones in the Accessibility
Clearinghouse? It is not the Commission's intention to create
additional reporting burdens on manufacturers and service providers,
therefore, the Commission seeks comment on approaches to ensuring that
the improvements contemplated above do not impose such burdens.
23. The Commission also seeks comment on whether service providers
should be able to rely on information in the Accessibility
Clearinghouse and on Form 655 to the extent that it reflects compliance
information submitted by manufacturers. Are there any reasons service
providers should not be able to rely on the Accessibility Clearinghouse
or Form 655? For example, how should the Commission treat a service
provider if it offers a handset that a manufacturer has included in the
Accessibility Clearinghouse and indicated to be compliant in the
manufacturer's annual FCC Form 655, even if it is later determined that
the handset does not in fact meet the hearing aid compatibility
requirements? Should such information create a presumption that the
service provider is not in breach of the Commission's hearing aid
compatibility rules?
7. Burden Reduction
24. In the event the Commission ultimately transitions to a 100-
percent compatibility regime, the Commission proposes to ease or
eliminate the reporting, disclosure, labeling, and other requirements
imposed under the current rules. The Commission seeks comment on the
extent to which these requirements are unnecessary or unwarranted in
the event the Commission moves to a 100 percent regime, and on the
costs and benefits of easing such requirements as they relate to
consumers, manufacturers, and service providers.
25. Currently, manufacturers are required to electronically file
annual compliance reports with the Commission on FCC Form 655 in July
of each year and service providers must electronically file this form
with the Commission in January of each year. The Commission seeks
comment on whether to end the reporting requirements for manufacturers
and service providers in the event the Commission moves to a 100
percent regime or at some point thereafter. The Commission notes that
numerous parties, especially rural and small service providers, have
asserted that preparing these annual reports is burdensome. While these
reports help the Commission monitor compliance with the hearing aid
compatibility benchmarks, will such monitoring still be necessary, and
will the benefits of these reports still outweigh the burdens, in the
event the Commission moves to a 100 percent compatibility regime?
Alternatively, should the Commission eliminate the reporting
requirement only for service providers, on the grounds that
manufacturers' reports will be sufficient under a 100 percent regime to
ensure all models available to consumers are compliant? Should the
Commission maintain the reporting requirement for other groups for a
certain period of time while non-compliant legacy models remain in
inventory? Should the Commission maintain reporting requirements for
manufacturers and service providers who offer handsets that are exempt
from hearing aid compatibility requirements or can be used for services
that are exempt from these rules? The Commission notes that the Joint
Consensus Plan would establish two new benchmarks, at year two and year
five. Should the Commission modify the content or applicability of the
reporting requirements that apply during the period following either
the two or five
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year benchmark but prior to the implementation of a 100 percent
compatibility requirement?
26. The existing hearing aid compatibility rules also require
manufacturers and service providers to label their hearing aid-
compatible handsets with the appropriate M and T ratings and provide
information on the rating system, and to meet certain disclosure
requirements for hearing aid-compatible handsets that are not
compatible over all their operations. The rules also require
manufacturers and service providers to provide information on their Web
sites, such as a list of all hearing aid-compatible models currently
offered, the associated rating information for those handsets, and an
explanation of the rating system. The Commission seeks comment on
whether, in the event the Commission moves to a 100 percent
compatibility regime, the current labeling and disclosure requirements
should be eliminated, simplified, or amended. Alternatively, should the
Commission continue to require disclosure of rating information in
packaging and on Web sites for hearing aid-compatible handset models so
that consumers can distinguish between M3 and M4 ratings, between T3
and T4 ratings, and between hearing aid-compatible handsets and
grandfathered non-compatible models?
27. The Commission also seeks comment on whether to eliminate the
product refresh rule applicable to manufacturers and the differing
levels of functionality rule applicable to service providers if the
Commission moves to a 100 percent compatibility regime or adopts other
modifications to the benchmarks. The product refresh rule requires
manufacturers that offer new handset models in a year to ensure that a
certain number of the new models are hearing aid-compatible. The
differing levels of functionality rule requires service providers to
offer a range of hearing aid-compatible models with differing levels of
functionality in terms of capabilities, features, and price. In the
context of benchmarks that do not require 100 percent of handsets to be
hearing aid-compatible, these additional requirements help to ensure
that people with hearing loss have access to handsets with the latest
features and functions and at different price points. The Commission
tentatively concludes that a refresh rule would serve no purpose after
a 100 percent requirement takes effect, given that it merely imposes a
fractional obligation on new models, which would be entirely subsumed
by the new requirement. The Commission seeks comment on this
conclusion. The Commission further seeks comment on whether a 100
percent requirement on manufacturers would also be sufficient to ensure
that service providers offer a range of hearing aid-compatible models
with differing levels of functionality. Will maintaining the differing
levels of functionality requirement help to ensure that low-income
Americans with hearing loss have access to affordable hearing aid-
compatible handsets?
28. Finally, to the extent the Commission moves to a 100 percent
compatibility regime, the Commission seeks comment on whether the
Commission should eliminate or otherwise ease the deployment benchmarks
applicable to the overall handset portfolios of manufacturers and
service providers. Will benchmarks remain necessary, even after a
transition to a 100 percent requirement, to ensure that manufacturers
and service providers do not weight their portfolios toward non-
compliant grandfathered handsets? If so, for how long? Would an
additional two-year period be an appropriate time-frame to sunset these
service provider requirements? Alternatively, should the Commission
eliminate deployment benchmarks for Tier III service providers
immediately upon moving to a 100 percent regime, but preserve it for
Tier I and II service providers for an additional two or three years?
What are the costs and benefits of eliminating the benchmarks on
service providers if all or nearly all new models offered by
manufacturers will be compliant?
8. Alternative to the Joint Consensus Proposal
29. The Commission seeks comment on whether and how to revise the
current benchmark system in the event that, based on the record the
Commission receives, the Commission determines not to adopt the Joint
Consensus Proposal. Should the Commission pursue another approach to
transition to a 100 percent compatibility requirement, consistent with
the factors identified in Section 710? What would be an appropriate
transition period? Should the Commission consider exceptions, waivers,
burden reductions, legacy handset rules, and alternative approaches to
measuring compliance, as discussed above in connection with the Joint
Consensus Proposal?
IV. Procedural Matters
A. Initial Regulatory Flexibility Analysis
30. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities of the policies and rules
proposed in this Notice of Proposed Rulemaking (NPRM). Written public
comments are requested on this IRFA. Comments must be identified as
responses to the IRFA and must be filed by the deadlines for comments
on the NPRM provided above. The Commission will send a copy of the
NPRM, including this IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration (SBA).
1. Need for, and Objectives of, the Proposed Rules
31. To ensure that a wide selection of digital wireless handset
models is available to consumers with hearing loss, the Commission's
rules require both manufacturers and service providers to meet defined
benchmarks for offering hearing aid-compatible wireless phones.
Specifically, manufacturers and service providers are required to offer
minimum numbers or percentages of handset models that meet specified
technical standards for compatibility with hearing aids operating in
both acoustic coupling and inductive coupling modes. These benchmarks
apply separately to each air interface for which the manufacturer or
service provider offers handsets.
32. The wireless hearing aid compatibility rules have incorporated
this fractional benchmark approach since the provision was first
established in 2003, but the Commission has on occasion revised the
specific benchmarks that manufacturers and service providers are
required to meet. The current benchmarks were established in 2008 when
the Commission adopted the Joint Consensus Plan submitted by an
Alliance for Telecommunications Industry Solutions (ATIS) working group
that included Tier I carriers, handset manufacturers, and several
organizations representing the interests of people with hearing loss.
That plan provided for benchmarks to increase over time, up to a final
set of benchmarks that became effective in 2010 and remain in place
today.
33. The current deployment benchmarks require that, subject to a de
minimis exception described below, a handset manufacturer must meet,
for each air interface over which its models operate, (1) at least an
M3 rating for RF interference reduction for at least one-third of its
models using that air interface (rounded down), with a minimum of two
models, and (2) a T3 rating for inductive coupling for at least one-
third of its models using that interface (rounded down), with a
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minimum of two models. Similarly, for each of the air interfaces their
handsets use, service providers also must meet an M3 rating for at
least 50 percent of their models or ten models, and must meet a T3
rating for at least one-third of their models or ten models. In
general, under the de minimis exception, manufacturers and service
providers that offer two or fewer wireless handset models for any given
covered air interface are exempt from these benchmarks for those
models.
34. In the NPRM, the Commission seeks comment on a historic
agreement (hereinafter, the ``Joint Consensus Proposal'') among key
consumer and industry stakeholders that would revise the current
benchmarks. In brief, the Joint Consensus Proposal provides that within
two years of the effective date of new rules adopted, 66 percent of
wireless handsets offered to consumers should be compliant with the
Commission's acoustic coupling radio frequency interference (M rating)
and inductive coupling (T rating) requirements. The proposal provides
that within five years of the effective date of new rules adopted, 85
percent of wireless handsets offered to consumers should be compliant
with the Commission's M and T ratings. The proposal provides that this
benchmark should apply directly to manufacturers and carriers that
offer six or more digital wireless handset models in an air interface,
with additional compliance periods for Tier I and Non-Tier I carriers
of six months and eighteen months, respectively, to account for limits
on handset availability and inventory turn-over rates. In addition to
these two-year and five-year benchmarks, the proposal provides that the
Commission should commit to pursue that 100 percent of wireless
handsets offered to consumers should be compliant within eight years.
The Joint Consensus Proposal conditions the transition to 100 percent,
however, on a Commission determination within seven years of the rules'
effective date that reaching the 100 percent goal is achievable, based
in part on review of a report by a task force to be established for
this purpose.
35. While the Commission finds that the existing fractional
benchmarks have been successful in making a broad variety of hearing
aid-compatible handsets available to consumers with hearing loss, the
Commission recognizes its statutory obligation to periodically reassess
any exemptions from the hearing aid compatibility requirements. The
Commission proposes to adopt the Joint Consensus Proposal, finding that
it provides an effective approach to replacing the fractional system
with one that will give consumers with hearing loss the same selection
of wireless handsets that is available to the general public.
2. Legal Basis
36. The potential actions about which comment is sought in this
NPRM would be authorized pursuant to the authority contained in
sections 4(i), 303(r), and 710 of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(r), and 610.
3. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Would Apply
37. 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, 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. A small business concern is one which: (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. To assist the
Commission in analyzing the total number of potentially affected small
entities, the Commission requests commenters to estimate the number of
small entities that may be affected by any rule changes that might
result from this NPRM.
38. As discussed above, in the NPRM, the Commission seeks comment
on a revision to the deployment benchmarks. While these changes would
affect the specific obligations of covered entities under the rules, it
would not alter the scope of entities subject to the rules, and
accordingly, the Commission finds that the analysis of the categories
and number of small entities that may be affected by the proposed rules
is the same as for the Final Regulatory Flexibility Analysis the
Commission provided in connection with the revision to those rules
adopted in the Fourth Report and Order. Accordingly, the Commission
incorporates the analysis in the Final Regulatory Flexibility Analysis
accompanying the Fourth Report and Order, as the description and
estimate of the number of small entities to which the proposed rules
would apply.
4. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
39. The Commission is not proposing to impose any additional
reporting or record keeping requirements. Rather, as discussed in the
next section, the Commission is seeking comment on whether, if it
adopts a 100 percent requirement, it can reduce regulatory burden on
all wireless handset manufacturers and wireless service providers
regardless of size by eliminating and streamlining the related hearing
aid compatibility requirements. Presently, these requirements include
annual reporting, disclosure, labeling, and other regulatory
requirements. As part of its decision to eliminate or reduce regulatory
burden, the Commission will consider whether it can reduce regulatory
burden for small service providers and manufactures, if it cannot be
done for all service providers and manufacturers.
5. Steps Proposed To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
40. The RFA requires an agency to describe any significant,
specifically small business 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) exemption from
coverage of the rule, or any part thereof, for small entities.''
41. In the NPRM, the Commission proposes to adopt the terms of the
Joint Consensus Proposal, including provisions that will help to
minimize impact on small entities. The Joint Consensus Proposal
recommends, and the Commission proposes, that while increasing the
benchmarks at year two and year five, the Commission keeps in place the
existing de minimis exception for manufacturers and service providers
offering three handsets or less. The current de minimis exception
provides that small manufacturers and service providers that offer two
or fewer digital wireless handsets operating over a particular air
interface are exempt from the benchmark deployment requirements in
connection with that air interface, while larger manufacturers
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with two or fewer handsets have a limited obligation. The provision
further states that any manufacturer or service provider that offers
three digital wireless handset models operating over a particular air
interface must offer at least one such handset model with at least an
M3 and T3 rating for that air interface. In addition to retaining this
exception to the benchmarks, the Commission proposes to adopt the Joint
Consensus Proposal's recommendation that manufacturers and service
providers offering either four or five handsets in an air interface be
required to ensure that at least two of those handset models comply
with the Commission's M and T rating requirements, rather than be
required to meet the new 66 percent and 85 percent benchmarks. Finally,
the Joint Consensus Proposal also provides additional time to small
carriers to meet the benchmarks. Specifically, it provides that, while
manufacturers must meet the new 66 percent and 85 percent benchmarks
after two and five years, respectively, following the effective date of
the rules, all non-nationwide carriers will have eighteen additional
months to reach each benchmark (i.e., eighteen months after the two and
five year deadlines applicable to manufacturers).
42. With respect to adoption of a 100 percent requirement, the
Joint Consensus Proposal conditions the transition to 100 percent
hearing aid compatibility on a Commission determination, after the
receipt and review of a report from a newly established task force,
that reaching the 100 percent goal is ``achievable.'' The NPRM seeks
comment on how the Commission should determine achievability and what
criteria should be utilized in making this determination. The NPRM also
seeks comment on whether the current de minimis exception or the
expanded de minimis exception, as proposed by the Joint Consensus
Proposal, should be preserved in whole or in part if the Commission
determines that adopting a 100 percent benchmark is achievable. In
making the determination of achievable and whether to keep or expand
the de minimis exception, the Commission will be considering, in part,
whether small handset manufacturers and service providers have the
resources to meet a 100 percent obligation or whether some
accommodation, such as an exception, needs to be made for these
entities.
43. In addition to the de minimis exception, the Commission seeks
comment on other possible exceptions to the 100 percent requirement.
These exceptions could apply to all manufacturers of wireless handsets
or to some subset of wireless handset manufacturers, such as small
entities generally (i.e., including those that do not fall within the
de minimis exception). Further, the Commission seeks comment on which
compliance process, such as waivers, should be modified to accommodate
innovation and carriers', especially rural and regional carriers',
handset inventories and turn-over rates, within a compliance regime
with the enhanced benchmarks. These modifications would benefit all
wireless handset manufacturers, including small entities, with their
compliance obligations.
44. In the event the Commission adopts a 100 percent requirement,
the NPRM seeks comment on grandfathering legacy handsets that are not
hearing aid-compatible. The NPRM ask whether the Commission should
allow manufacturers, including small manufacturers, of wireless
handsets the ability to recoup their investment in non-hearing aid-
compatible legacy handsets. Under this proposal, the Commission would
allow wireless handset manufacturers to continue to offer handset
models that have not been certified as hearing aid-compatible after the
transition period to 100 percent ends if the manufacturer received
equipment authorization for the handset prior to the end of that
period. This proposal should help to minimize the economic impact of a
100 percent requirement on small entities.
45. The NPRM also seeks comment on whether transitioning to a 100
percent requirement would justify easing or eliminating several
requirements associated with the hearing aid compatibility rules, which
would further reduce the net economic impact of the adopted changes on
these manufacturers and providers, including small entities. First,
under the current rules, manufacturers are required to electronically
file annual compliance reports with the Commission on FCC Form 655 in
July of each year and service providers must electronically file this
form with the Commission in January of each year. While these reports
help the Commission to monitor compliance with the hearing aid
compatibility benchmarks, numerous parties, especially rural and small
entities, have asserted that having to file these annual reports is
burdensome. The Commission seeks comment on whether to end or modify
the reporting requirements for manufacturers and service providers at
some point as the benchmarks increase. These changes to the reporting
requirements would benefit all service providers and manufacturers,
including small providers and manufacturers.
46. The existing hearing aid compatibility rules also require that
manufacturers and service providers meet certain labeling and
disclosure requirements for hearing aid-compatible handsets, and
provide information on their Web sites, such as making available on
their publicly-accessible Web sites a list of all hearing aid-
compatible models currently offered, the associated rating information
for those handsets, and an explanation of the rating system. The
Commission seeks comment on whether, upon implementation of the 100
percent requirement, the current labeling and disclosure requirements
should be eliminated or amended.
47. The Commission also seeks comment on whether, if it adopts a
100 percent requirement or other modifications to the benchmarks, it
should eliminate the product refresh rule applicable to manufacturers,
which provides that each manufacturer that offers any new model for a
particular air interface during the calendar year must ``refresh'' its
offering of hearing aid-compatible handset models by offering a mix of
new and existing models that comply with the hearing aid compatibility
technical standards. It further seeks comment on eliminating the
differing levels of functionality rule applicable to service providers.
Finally, if the Commission adopts a 100 percent requirement, the NPRM
seeks comment on whether to eliminate or otherwise ease the deployment
benchmarks applicable to the overall handset portfolios of
manufacturers and service providers. Elimination of these rules would
benefit small entities as well as larger manufacturers and service
providers.
48. The Commission seeks comment generally on the effect, economic
impact, or burden of the rule changes considered in the NPRM on small
entities. It further seeks comment on any alternatives that would
reduce the economic impact on small entities. It also seeks comment on
whether there are any alternatives the Commission could implement that
could achieve the Commission's goals while at the same time minimizing
or further reducing the burdens on small entities, and on what effect
such alternative rules would have on those entities. The Commission
invites comment on ways in which it can achieve its goals while
minimizing the burden on small wireless handset manufacturers and
service providers. For the duration of this docketed proceeding, the
Commission will continue to examine alternatives with
[[Page 212]]
the objectives of eliminating unnecessary regulations and minimizing
any significant economic impact on small entities.
6. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
49. None.
B. Initial Paperwork Reduction Act Analysis
50. The Notice of Proposed Rulemaking contains proposed modified
information collection requirements. The Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and the Office of Management and Budget (OMB) to comment on the
information collection requirements contained in this document, as
required by the Paperwork Reduction Act of 1995, Public Law 104-13. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks
specific comment on how the Commission might further reduce the
information collection burden for small business concerns with fewer
than 25 employees.
C. Other Procedural Matters
1. Ex Parte Rules--Permit-But-Disclose
51. The proceeding that the Notice of Proposed Rulemaking initiates
shall be treated as a ``permit-but-disclose'' proceeding in accordance
with the Commission's ex parte rules. Persons making ex parte
presentations must file a copy of any written presentation or a
memorandum summarizing any oral presentation within two business days
after the presentation (unless a different deadline applicable to the
Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must (1) list
all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide
citations to such data or arguments in his or her prior comments,
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule 1.1206(b).
In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex 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.
2. Comment Filing Procedures
52. Pursuant to sections 1.415 and 1.419 of the Commission's rules,
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. All filings related to this Notice of Proposed Rulemaking
should refer to WT Docket No. 15-285. Comments may be filed using: (1)
The Commission's Electronic Comment Filing System (ECFS), (2) the
Federal Government's eRulemaking Portal, or (3) by filing paper copies.
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR
24121 (May 1, 1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial 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 must be addressed to 445 12th Street SW., Washington, DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
V. Ordering Clauses
53. It is ordered, pursuant to sections 4(i), 303(r), and 710 of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r),
and 610, this Notice of Proposed Rulemaking is hereby adopted.
54. It is further ordered that pursuant to applicable procedures
set forth in sections 1.415 and 1.419 of the Commission's rules, 47 CFR
1.415, 1.419, interested parties may file comments on this Notice of
Proposed Rulemaking on or before January 14, 2016, and reply comments
on or before January 29, 2016.
55. It is further ordered that the Commission's Consumer &
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Part 20
Communications common carriers, Communications equipment,
Incorporation by reference, Radio.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
Proposed Rules
For the reason discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 20 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, 610, 615, 615a, 615b, 615c, unless
otherwise noted.
[[Page 213]]
0
2. Section 20.19 is amended by revising paragraph (c) introductory
text, adding paragraph (c)(1)(i)(C), revising paragraph (c)(1)(ii),
adding paragraphs (c)(2)(iii) and (c)(3)(iii), revising paragraph
(c)(4)(ii) and paragraph (d) introductory text, adding paragraphs
(d)(1)(iii), (d)(2)(iii), and (d)(3)(iii), revising paragraph
(d)(4)(ii), adding paragraphs (e)(3) and (4), revising paragraph
(i)(1), and adding paragraph (m) to read as follows:
Sec. 20.19 Hearing aid-compatible mobile handsets.
* * * * *
(c) Phase-in of requirements relating to radio frequency
interference. Until [eight years after the effective date of the
rules], the following applies to each manufacturer and service provider
that offers wireless handsets used in the delivery of the services
specified in paragraph (a) of this section and that does not fall
within the de minimis exception set forth in paragraph (e) of this
section.
(1) * * *
(i) * * *
(C) [Beginning two years after the effective date of the rules],
each manufacturer of wireless handsets models must ensure that 66
percent of the wireless handset offered to consumers shall comply with
the requirements set forth in paragraph (b)(1) of this section.
[Beginning five years after the effective date of the rules], each
manufacturer of wireless handsets must ensure that 85 percent of the
wireless handset models offered to consumers shall comply with the
requirements set forth in paragraph (b)(1) of this section.
(ii) Refresh requirement. Until [eight years after the effective
date of the rules], for each year a manufacturer elects to produce a
new model, each manufacturer that offers any new model for a particular
air interface during the calendar year must ``refresh'' its offerings
of hearing aid-compatible handset models by offering a mix of new and
existing models that comply with paragraph (b)(1) of this section
according to the following requirements:
* * * * *
(2) * * *
(iii) [Beginning two and half years after the effective date of the
rules], ensure that 66 percent of the wireless handset models offered
to consumers shall comply with the requirements set forth in paragraph
(b)(1) of this section. [Beginning five and half years after the
effective date of the rules], ensure that 85 percent of the wireless
handset models offered to consumers shall comply with the requirements
set forth in paragraph (b)(1) of this section.
(3) * * *
(iii) [Beginning three and half years after the effective date of
the rules], ensure that 66 percent of the wireless handset models
offered to consumers shall comply with the requirements set forth in
paragraph (b)(1) of this section. [Beginning six and half years after
the effective date of the rules], ensure that 85 percent of the
wireless handset models offered to consumers shall comply with the
requirements set forth in paragraph (b)(1) of this section.
(4) * * *
(ii) Offering models with differing levels of functionality. Until
[eight years after the effective date of the rules], each service
provider must offer its customers a range of hearing aid-compatible
models with differing levels of functionality (e.g., operating
capabilities, features offered, prices). Each provider may determine
the criteria for determining these differing levels of functionality,
and must disclose its methodology to the Commission pursuant to
paragraph (i)(3)(vii) of this section.
(d) Phase-in of requirements relating to inductive coupling
capability. Until [eight years after the effective date of the rules],
the following applies to each manufacturer and service provider that
offers wireless handsets used in the delivery of the services specified
in paragraph (a) of this section and that does not fall within the de
minimis exception set forth in paragraph (e) of this section.
(1) * * *
(iii) [Beginning two years after the effective date of the rules],
each manufacturer of wireless handsets models must ensure that 66
percent of the wireless handset offered to consumers shall comply with
the requirements set forth in paragraph (b)(2) of this section.
[Beginning five years after the effective date of the rules], each
manufacturer of wireless handsets must ensure that 85 percent of the
wireless handset models offered to consumers shall comply with the
requirements set forth in paragraph (b)(2) of this section.
(2) * * *
(iii) [Beginning two and half years after the effective date of the
rules], ensure that 66 percent of the wireless handset models offered
to consumers shall comply with the requirements set forth in paragraph
(b)(2) of this section. [Beginning five and half years after the
effective date of the rules], ensure that 85 percent of the wireless
handset models offered to consumers shall comply with the requirements
set forth in paragraph (b)(2) of this section.
(3) * * *
(iii) [Beginning three and half years after the effective date of
the rules], ensure that 66 percent of the wireless handset models
offered to consumers shall comply with the requirements set forth in
paragraph (b)(2) of this section. [Beginning six and half years after
the effective date of the rules], ensure that 85 percent of the
wireless handset models offered to consumers shall comply with the
requirements set forth in paragraph (b)(2) of this section.
(4) * * *
(ii) Offering models with differing levels of functionality. Until
[eight years after the effective date of the rules], each service
provider must offer its customers a range of hearing aid-compatible
models with differing levels of functionality (e.g., operating
capabilities, features offered, prices). Each provider may determine
the criteria for determining these differing levels of functionality,
and must disclose its methodology to the Commission pursuant to
paragraph (i)(3)(vii) of this section.
(e) * * *
(3) Beginning [two years after the effective date of the rules],
manufacturers that offer four or five digital wireless handset models
in an air interface must offer at least two handset models compliant
with paragraphs (b)(1) and (2) of this section in that air interface.
(4) Beginning [two and a half years after the effective date of the
rules] for Tier I carriers and [three and half years after the
effective date of the rules] for other service providers, service
providers that offer four or five digital wireless handset models in an
air interface must offer at least two handset models compliant with
paragraphs (b)(1) and (2) of this section in that air interface.
* * * * *
(i) * * *
(1) Reporting dates. Until [eight years after the effective date of
the rules], manufacturers shall submit reports on efforts toward
compliance with the requirements of this section on July 15, 2009, and
annually thereafter. Until [eight years after the effective date of the
rules], service providers shall submit reports on efforts toward
compliance with the requirements of this section on January 15, 2009,
and annually thereafter. Information in the reports must be up-to-date
as of the last day of the calendar month preceding the due date of the
report.
* * * * *
[[Page 214]]
(m) Compatibility requirements for all new models. To the extent
the Commission has determined it achievable, beginning [eight years
after the effective date of the rules], all wireless handset models
that a manufacturer offers in the United States and that are within the
scope of this section must be certified as hearing aid-compatible under
the standards of paragraph (b) of this section.
[FR Doc. 2015-32756 Filed 1-4-16; 8:45 am]
BILLING CODE 6712-01-P