Hearing Aid Compatibility Standards, 8624-8634 [2018-04012]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Rules and Regulations]
[Pages 8624-8634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04012]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 20 and 68

[CG Docket No. 13-46, WT Docket Nos. 07-250 and 10-254; FCC 17-135]


Hearing Aid Compatibility Standards

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission amends its hearing aid compatibility (HAC) 
rules to enhance equal access to the national telecommunications 
network by people with hearing loss and implement the Twenty-First 
Century Communications and Video Accessibility Act. The changes 
incorporate by reference a revised technical standard for volume 
control for wireline telephones, expand the scope of the wireline HAC 
rules, add a volume control requirement for wireless handsets, and 
eliminate an outdated wireless technical standard.

DATES: Effective March 30, 2018, except 47 CFR 68.501 through 68.504, 
which contain modified information collection requirements that require 
approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act (PRA), and which will become effective after 
the Commission publishes a document in the Federal Register announcing 
such approval and the relevant effective date.
    The incorporation by reference of ANSI/TIA-4965-2012 is approved by 
the Director of the Federal Register as of March 30, 2018. The 
incorporation by reference of the material in Sec.  20.19 was approved 
by the Director of the Federal Register as of June 6, 2008 and August 
16, 2012. The incorporation by reference of the other material in Sec.  
68.317 was approved by the Director of the Federal Register as of 
October 23, 1996.
    Compliance Dates: See SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Susan Bahr, Disability Rights Office, 
Consumer and Governmental Affairs Bureau, at (202) 418-0573 or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order and Order on Reconsideration, document FCC 17-135, adopted on 
October 24, 2017, released on October 26, 2017, in CG Docket No. 13-46, 
WT Docket Nos. 07-250 and 10-254. The full text of this document will 
be available for public inspection and copying during regular business 
hours at the FCC Reference Information Center, Portals II, 445 12th 
Street SW, Room CY-A257, Washington, DC 20554. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer and Governmental Affairs Bureau at (202) 418-0530 
(voice), (844) 432-2272 (videophone), or (202) 418-0432 (TTY).
    Document FCC 17-135 concerns the Commission's rules for HAC for 
wireline and wireless handsets. The Commission previously sought 
comment on these issues in Access to Telecommunication Equipment and 
Services by Persons with Disabilities; Amendment of the Commission's 
Rules Governing Hearing Aid-Compatible Mobile Handsets; Comment Sought 
on 2010 Review of Hearing Aid Compatibility Regulations, Notice of 
Proposed Rulemaking, published at 80 FR 80722, December 28, 2015 
(NPRM). Document FCC 17-135 also responds to the Petition for Partial 
Reconsideration filed by LG Electronics MobileComm U.S.A., Inc., et al. 
on October 8, 2010, concerning Amendment of the Commission's Rules 
Governing Hearing Aid-Compatible Mobile Handsets, Policy Statement and 
Second Report and Order and Further Notice of Proposed Rulemaking, 
document FCC 10-145, published at 75 FR 54508, September 8, 2010 
(August 2010 Report and Order).

Compliance Dates

    Wireline telephones manufactured or imported into the United States 
on or after February 28, 2020, must comply with the revised wireline 
volume control technical standard (ANSI/TIA-4965-2012) incorporated by 
reference into 47 CFR 68.317. Wireline telephones manufactured or 
imported into the United States before February 28, 2020, may comply 
with either ANSI/TIA-4965-2012 or the existing wireline volume control 
standard referenced in 47 CFR 68.317(a)(1). Wireline telephones used 
for advanced communications services (ACS telephonic CPE) must comply 
with the applicable provisions of 47 CFR part 68 as amended by document 
FCC 17-135 if they are manufactured or imported on or after February 
28, 2020. However, Sec. Sec.  68.501 through 68.504 contain information 
collections that have not yet been approved by OMB. In the event that 
OMB approval does not occur before February 28, 2020, the FCC will 
publish a document in the Federal Register extending the compliance 
deadline for these provisions and will subsequently publish a document 
announcing a later compliance date.
    Wireless handsets submitted for equipment certification or for a 
permissive change relating to hearing aid compatibility starting March 
1, 2021, must comply with the wireless volume control requirements set 
forth in 47 CFR 20.19. Any grants of certification issued to wireless 
handsets not equipped with such volume control that were submitted for 
certification before March 1, 2021, remain valid for HAC purposes.
    Wireless handsets submitted for equipment certification or for a 
permissive change relating to HAC beginning August 28, 2018, must 
comply with the M3 and T3 ratings associated with the ANSI C63.19-2011 
standard. Any grants of certification issued for wireless handsets that 
were submitted for certification before August 28, 2018, under ANSI 
C63.19-2011, or previous versions of ANSI 63.19, remain valid for HAC 
purposes.

Incorporation by Reference

    The Office of Federal Register (OFR) recently revised its 
regulations to require that agencies must discuss in the preamble of a 
final rule ways that the materials the agency is incorporating by 
reference are reasonably available to interested parties or how it 
worked to make those materials reasonably available to interested 
parties. In addition, the preamble of the final rule must summarize the 
material. Several standards are incorporated by reference: (a) 
Paragraph 4.1.2 (including table 4.4) of ANSI/EIA-470-A-1987; (b) 
paragraph 4.3.2 of ANSI/EIA/TIA-579-1991; (c) ANSI/TIA-4965-2012; (d) 
ANSI C63.19-2007; and (e) ANSI C63.19-2011. These standards address the 
use of wireless and wireline handsets by people with hearing loss, 
including people who use hearing aids.
    The standards listed as (a), (b) and (c) apply to inductive 
coupling and volume control for wireline telephones, and by document 
FCC 17-135, to ACS telephonic CPE. Standards (a) and (b) were 
previously incorporated in the

[[Page 8625]]

Commission's rules. Standard (c) is new. This standard modifies in two 
ways the manner in which amplification is measured for wireline phones. 
First, the standard discontinues the use of an IEC-318 coupler and 
specifies instead the Head and Torso Simulator (HATS) method. Second, 
the standard replaces the Receive Objective Loudness Rating (ROLR) 
method of calibrating amplification with a new method called 
Conversational Gain. These three standards may be purchased from the 
Telecommunications Industry Association (TIA) at (877) 413-5184 and 
https://www.tiaonline.org/standards/buy-tia-standards. The standards 
listed as (d) and (e) apply to RF interference reduction and inductive 
coupling for wireless handsets. These two standards were previously 
incorporated in the Commission's rules, and are available from the IEEE 
at (732) 981-0060 and https://standards.ieee.org/.

Congressional Review Act

    The Commission sent a copy of document FCC 17-135 to Congress and 
the Government Accountability Office pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A).

Final Paperwork Reduction Act of 1995 Analysis

    Document FCC 17-135 contains modified information collection 
requirements, which are not applicable until approval is obtained from 
OMB. The Commission, as part of its continuing effort to reduce 
paperwork burdens, will invite the general public to comment on the 
information collection requirements contained in document FCC 17-135 as 
required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-
13. The Commission will publish a separate document in the Federal 
Register announcing approval of the information collection requirements 
contained in document FCC 17-135. In addition, the Commission notes 
that, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, 44 U.S.C. 3506(c)(4), the Commission previously 
sought comment on how the Commission might further reduce the 
information burden for small business concerns with fewer than 25 
employees.

Synopsis

Report and Order

Revised Wireline Volume Control Technical Standard

    1. The Commission amends Sec.  68.317 of its rules to incorporate a 
revised technical standard for volume control in wireline telephones, 
ANSI/TIA-4965-2012 (2012 ANSI Wireline Volume Control Standard). The 
revised standard, developed by TIA technical standards committee, 
significantly improves the measurement of volume amplification in two 
ways. First, instead of measuring the volume received by the user with 
an IEC-318 coupler, which is designed to form a seal with the telephone 
handset, the standard uses a HATS, which takes into account the lack of 
a seal between a telephone receiver and the ears of users in real-life 
settings. Thus, the HATS more closely mirrors how handsets are actually 
used, offering an improved measurement.
    2. Further, instead of measuring loudness in terms of ROLR, where 
gain is measured relative to each phone's normal unamplified, or 
nominal, sound level, the new standard uses ``conversational gain,'' 
where gain is measured relative to an absolute benchmark based on the 
sound of face-to-face conversation at a distance of 1 meter. This 
approach eliminates the variation in maximum amplification levels that 
results from maximum amplification being measured relative to each 
telephone's nominal sound level.
    3. The specified volume levels are formulated to be approximately 
equivalent to those commonly achieved under the prior standard by older 
wireline telephones. Thus, telephones will be in compliance with the 
volume control requirements if they provide at least 18 dB and no more 
than 24 dB Conversational Gain at the maximum setting. The 18 dB 
Conversational Gain minimum must be achieved without significant 
clipping of the speech signal used for testing. The upper limit of 24 
dB Conversational Gain may be exceeded if the volume automatically 
resets to 24 dB Conversational Gain or below upon hang-up.
    4. By providing consumers with phones that have standardized, easy-
to-understand volume amplification levels measured using a HATS, this 
action will improve telephone communications, including communication 
needed for emergencies, for individuals with hearing loss.
    5. Any existing inventory and installed base of telephones that 
comply with the current version of Sec.  68.317 of the Commission's 
rules may remain in place until retired. The record does not support a 
determination that the potential benefits of requiring existing 
telephones to comply with the 2012 Wireline Volume Control Standard are 
greater than the potential costs.
    6. The Commission does not adopt its proposal to require covered 
manufacturers to test a sample of products that they make available for 
purchase to assess whether these products are providing a uniform and 
appropriate range of volume to meet the telephone needs of people with 
hearing loss. Based on input from commenters, currently required 
testing will be sufficient. The Commission also does not adopt its 
proposal to require wireline telephone manufacturers to consult with 
consumers and their representative organizations under a specified 
timetable, to assess the 2012 Wireline Volume Control Standard after it 
goes into effect. Because HAC technical standards are subject to 
revision over time, the Commission expects that there will be regular 
opportunities for industry and consumer stakeholders to confer with one 
another in the course of further reevaluation of the 2012 Wireline 
Volume Control Standard.

Application of Inductive Coupling and Volume Control Requirements to 
Wireline VoIP Telephones

    7. Section 710(b)(1) of the Act, as amended by the Twenty-First 
Century Communications and Video Accessibility Act of 2010 (CVAA), 
Public Law 111-260, 102, 124 Stat. 2751, Public Law 111-265, 124 Stat. 
2795, directs the Commission to require that ``[a]ll customer premises 
equipment used with advanced communications services that is designed 
to provide 2-way voice communication via a built-in speaker intended to 
be held to the ear in a manner functionally equivalent to a telephone'' 
must ``provide internal means for effective use with hearing aids that 
are designed to be compatible with telephones which meet established 
technical standards for hearing aid compatibility.'' 47 U.S.C. 
610(b)(1). The Act defines ``advanced communications services'' to 
include interconnected and non-interconnected VoIP service. 47 U.S.C. 
153(1).
    8. The Commission therefore amends its rules to specify that VoIP 
telephones and other wireline equipment described in 47 U.S.C. 
710(b)(1)(C), collectively termed ``ACS telephonic CPE,'' must comply 
with the same HAC requirements that apply to other wireline telephones, 
including compliance with volume control and inductive coupling 
standards, as well as, for purposes of HAC compliance, the same 
testing, attestations of compliance, registration, labeling, and 
complaint handling requirements that currently apply to CPE that is 
directly connected to the public switched telephone network.
    9. To ensure that the terminal equipment database managed by the 
Administrative Council for Terminal

[[Page 8626]]

Attachments (ACTA) will be able to receive and make available the 
information required for registration of ACS telephonic CPE as of the 
two-year compliance deadline, the Commission requests that ACTA submit, 
by August 27, 2018, a report explaining: (a) the progress of any 
modifications necessary to accommodate ACS telephonic CPE in the 
database, including any changes to how ACTA will administer the 
database; (b) the pertinent information that ACTA will request from 
responsible parties for ACS telephonic CPE, especially for the HAC and 
volume control features; and (c) any procedures for submitting or 
accessing information on ACS telephonic CPE that will differ from the 
existing procedures for currently registered terminal equipment. 
Responsible parties for ACS telephonic CPE that is manufactured in or 
imported for use in the United States on or after February 28, 2020, 
must submit all information required by ACTA (or a successor entity) 
for inclusion in the database within 30 days after the date that the 
equipment is manufactured in or imported into the United States.

Volume Control for Wireless Handsets

    10. The record in this proceeding confirms that the public interest 
and the objectives mandated by section 710 of the Act will be served by 
modifying the Commission's HAC rules for wireless handsets to include a 
volume control requirement designed to accommodate people with hearing 
loss. Given the significantly expanded reliance on wireless telephone 
communications--and concomitant decline in wireline phone usage--the 
Commission affirms its belief that a volume control requirement that 
specifies certain levels of amplification as an element of hearing aid 
compatibility is just as necessary for wireless handsets as it is for 
wireline phones, to ensure the provision of effective 
telecommunications for people with hearing loss. This is especially 
true in emergency situations where having access to a phone--be it 
one's own device or a device belonging to someone else on the scene--
can mean the difference between life and death. Further, a volume 
control requirement will not only improve communications for those 
using hearing aids and cochlear implants, it also will help millions of 
Americans with hearing loss who do not use these devices.
    11. The Commission's conclusions are supported in the record. Two 
surveys reveal that the existing volume control features contained in 
wireless handsets often do not produce sufficient amplification to 
enable people with hearing loss to comprehend wireless telephone 
conversations through acoustic coupling. Although TIA and CTIA dispute 
the significance of the survey results, noting that less than 30 
percent of the complaints about wireless phones pertained to loudness 
or volume, we find that these results provide persuasive evidence that 
current wireless handset volume controls are insufficient to ensure 
that wireless handsets can be effectively used with hearing aids and 
that people with hearing loss have effective access to the wireless 
phone network. Even if only 29 percent of the estimated 48 million 
Americans with hearing loss were able to benefit from wireless volume 
control, the Commission concludes that the resulting benefits to some 
13.9 million people are sufficient to justify a requirement for 
wireless phones to provide effective communication through 
amplification.
    12. TIA also asserts that wireless handsets already allow users to 
adjust the volume on wireless handsets to provide an acceptable, 
comfortable user experience, but provides no specific or quantitative 
information on the extent to which amplification levels in wireless 
handsets have improved since 2010, nor how these levels have been 
effective in enabling individuals with hearing loss to receive and 
understand speech received through wireless handsets. Further, there is 
no indication in the record that industry volume control standards 
currently required for wireless handsets were formulated to 
specifically address the needs of consumers with hearing loss. The 
record also provides no basis for accepting claims that consumer 
education is sufficient to address consumer concerns about volume 
control. Ratings for wireless handsets currently are available only for 
RF interference reduction and inductive coupling capability, not volume 
amplification, and selecting a different handset is not a viable option 
if wireless handsets with effective amplification are not available.
    13. Commenters did not supply specific cost data, e.g., to quantify 
the costs involved in the general claim that a volume control 
requirement would result in additional testing and design limitations, 
or to substantiate such design limitations. In contrast, the major 
benefits to people with hearing loss from increased access to the 
telephone network--whether achieved by improvements in inductive 
coupling, RF interference reduction, or volume control--while hard to 
quantify, are well documented. The hearing aid compatibility 
legislation enacted in 1988 contains a finding that universal telephone 
service for people with hearing loss will lead to greater employment 
opportunities and increased productivity, Public Law 100-394, sec. 
2(4), 102 Stat. 976, and recognition of the importance of telephone 
access for people with disabilities has only increased since then. 
Based on the record, the volume control rule will directly address the 
problems of an estimated 13.9 million people who experience 
dissatisfaction with handset volume controls. The Commission further 
concludes on this record, including the absence of any quantification 
of costs, that these benefits, while not fully quantified, are 
sufficient to justify the adoption of a volume control rule, consistent 
with the Commission's prior rulings and with its statutory mandate to 
ensure that ``to the fullest extent made possible by technology and 
medical science, [persons with hearing loss] have equal access to the 
national telecommunications network.'' Public Law 100-394, sec. 2. 
Finally, improving the ability of people with hearing loss to directly 
access the wireless telephone network through this volume control 
requirement could reduce the costs associated with support of 
telecommunications relay services.
    14. The Commission also believes that any costs associated with 
meeting certain levels of volume control in wireless handsets will be 
mitigated by the flexibility afforded by this order. Rather than 
relying on a government-mandated technical solution, the Commission 
adopts a general volume control requirement that provides standards-
setting organizations with an opportunity to submit for Commission 
approval a technical standard that they believe will enable a phone to 
meet this general requirement and can be implemented in a cost-
effective manner. Additionally, because the extended timeline for 
implementation of the requirement will apply only to handsets newly 
submitted for HAC certification, volume control meeting the standard 
that the Commission approves can be incorporated into the mobile 
handset environment in a cost-effective manner.
    15. The Commission notes that its legal authority to adopt a volume 
control requirement for wireless phones stems from section 710(a) and 
(b) of the Act and the stated purposes of the HAC provisions of the 
Act. 47 U.S.C. 610(a), (b); Public Law 100-394, sec. 2. The Commission 
previously found that sections 710(a) and (b) both authorize the 
adoption of volume control requirements for wireline telephones, 
published at 61 FR 42181, August 14,

[[Page 8627]]

1996, and the Commission's analysis applies equally to wireless 
telephones.
    16. The volume control requirement applies to all wireless handset 
models newly submitted for HAC certification on or after March 1, 2021. 
New wireless handset models submitted on or after that date for 
certification as hearing aid compatible for RF interference reduction 
and inductive coupling must also comply with the new volume control 
rule (including technical standards approved by the Commission). By 
setting a three-year compliance timeline, the Commission allows one 
year for the completion and adoption of a technical standard for 
wireless volume control by a standards development organization (SDO) 
(which began earlier in 2017) and adoption by the Commission, and an 
additional two years for manufacturers to implement such technical 
standard in new handset models submitted for HAC certifications through 
the Commission's existing equipment authorization process. The 
Commission grandfathers all hearing aid compatible handsets that were 
certified as HAC compliant without volume control provided they were 
submitted for certification prior to the three-year compliance 
deadline.
    17. The adopted timeframe will provide ample opportunity for 
informed development of a wireless volume control technical standard 
and the incorporation of such standard into the Commission's rules, as 
well as for manufacturers to obtain the necessary testing equipment, 
and to implement design alterations needed to ensure that their new 
products meet the standard. Further, this approach will afford 
manufacturers and service providers the flexibility to work through 
their inventories of older models to meet their M- and T-rating HAC 
deployment benchmarks, while ensuring that in the ensuing years 
effective volume control will increasingly become a standard feature as 
new hearing aid compatible models universally incorporate volume 
control. In this manner, companies will not be required to retrofit or 
recertify any HAC-compliant grandfathered models or drop any such 
models from their portfolios prematurely to comply with the volume 
control requirements.
    18. Upon the completion of a wireless volume control technical 
standard, the Commission anticipates that it can expeditiously begin a 
rulemaking process to evaluate the standard and incorporate it by 
reference into the wireless HAC rules. The Commission will monitor 
developments in this regard and take appropriate steps if standards 
development and adoption do not proceed as expected.
    19. Labeling. Section 710 of the Act instructs the Commission to 
``establish requirements for the labeling of packaging materials . . . 
to provide adequate information to consumers on the compatibility 
between telephones and hearing aids.'' 47 U.S.C. 610(d). Adoption of a 
requirement for wireless handset packages to be labeled with volume 
amplification information is supported by comments explaining that 
often, when sufficient information is not provided on a handset's 
packaging, the consumer must first order and wait for delivery of the 
handset, and only then test it to assess whether its amplification 
meets the consumer's hearing needs. If such amplification is not 
suitable, the consumer must return it and start the process again. 
Although service providers are required to allow consumers to try out 
handsets in service provider stores, consumers who shop at other types 
of retail establishments or shop online do not have the same 
capability. Further, because during the transitional years following 
the compliance deadline for the rules, only certain handset models will 
be required to meet the new volume control requirement, consumers with 
hearing loss will need labeling information to inform them as to which 
wireless handsets are suitable for them.
    20. To rectify this and achieve consistency with the current 
Commission requirements for HAC labeling and disclosure for wireless 
handsets, the Commission requires manufacturers of wireless handsets 
and service providers to ensure that packaging on each handset covered 
by the volume control requirement adopted herein clearly displays 
information to enable consumers to determine the handset's 
amplification capabilities. The Commission requires compliance with 
this labeling requirement to be concurrent with the implementation of 
the volume control requirement--i.e., volume control labeling will be 
required for wireless handsets newly submitted for certification as 
compliant with HAC requirements beginning March 1, 2021. The Commission 
also encourages wireless manufacturers and service providers to provide 
information about which of their handsets have amplification by other 
means, such as by providing such information on their call-out cards in 
retail stores and websites.
    21. At this time, the Commission does not specify either the format 
or language for the volume control label. However, beginning with the 
three-year compliance deadline discussed above, if a handset is 
certified as compliant with a HAC technical standard relating to volume 
control that specifies acceptable numerical metrics or qualitative 
ratings for handset volume control (comparable to the M- and T-ratings 
provided under the RF interference reduction and inductive coupling 
standards), the labeling for handsets granted HAC certification for 
volume control must include the relevant amplification metrics or 
ratings. In addition, as is currently required for M- and T-ratings, an 
explanation of such amplification metrics or ratings must be included 
in the device's user manual or as an insert in the packaging material 
for the handset.
    22. To the extent that a technical standard for volume control is 
approved by an SDO and adopted or authorized by the Commission, 
compliance with the standard will constitute compliance with the 
Commission's new wireless volume control rule. Based on current 
information about volume control and related technical standards, the 
Commission suggests that a wireless volume control standard could 
include: (a) The use of conversational gain for measuring receive 
loudness; (b) the establishment of minimum value(s) for the acceptable 
maximum volume(s); (c) the use of a HATS; and (d) the use of two 
pressure measurements for holding the handset next to the ear--one for 
people who use hearing aids, and one for people who do not use hearing 
aids.

Wireless RF Interference/Inductive Coupling Standard

    23. The Commission adopts its proposal to eliminate the 2007 
version of ANSI C63.19 (2007 Wireless RF Interference/Inductive 
Coupling Standard) as an option for measuring and rating the HAC 
compliance of wireless handsets and to require the use of ANSI C63.19-
2011 (2011 Wireless RF Interference/Inductive Coupling Standard), which 
has been available as an option for many handsets since 2012.
    24. In 2007, the Commission incorporated ANSI C63.19-2007 into its 
rules. This standard specifies testing procedures for determining the 
M-rating (RF interference reduction) and T-rating (inductive coupling 
capability) of digital wireless handsets that operate over the air 
interfaces that, at the time the standard was promulgated, were 
commonly used for wireless services in the 800-950 MHz and 1.6-2.5 GHz 
bands. In 2012, the Commission incorporated ANSI C63.19-2011 into its 
rules. This standard expanded the range of frequencies over which 
inductive coupling can be tested to include frequencies between 698 MHz 
and 6 GHz (to take into account other new technologies), and 
established a direct

[[Page 8628]]

method for measuring the RF interference level of wireless devices to 
hearing aids, enabling testing procedures to be applied to operations 
over any RF air interface or protocol. Manufacturers currently have the 
option to obtain certification for new handsets as compliant with 
either the 2007 or the 2011 Wireless RF Interference/Inductive Coupling 
Standard.
    25. Parties commenting on this issue agree that use of the 2011 
Wireless RF Interference/Inductive Coupling Standard provides the most 
accurate available RF interference reduction and inductive coupling 
ratings for handsets generally. Accordingly, the Commission amends its 
rules to require that manufacturers use the 2011 Wireless RF 
Interference/Inductive Coupling Standard exclusively to obtain 
certification for future wireless handsets as HAC compliant.
    26. Power-Down Exception. For technical reasons, the Commission has 
permitted some GSM handsets operating at 1900 MHz to meet the HAC 
requirements under the 2007 Wireless RF Interference/Inductive Coupling 
Standard at a reduced power level, while other handsets have been 
subject to testing at maximum power. This ``power-down'' exception has 
been permitted because the 2007 standard was not effective in 
addressing all of the specific characteristics of certain GSM devices. 
47 CFR 20.19(e)(1)(iii). The 2011 Wireless RF Interference/Inductive 
Coupling Standard provides revised measurement methodologies that can 
be used effectively for these GSM handsets. The Commission therefore 
eliminates the power-down exception.
    27. The Commission allows service providers and manufacturers until 
August 28, 2018, to transition to the 2011 Wireless RF Interference/
Inductive Coupling Standard. The Commission grandfathers handsets 
previously certified under the 2007 Wireless RF Interference/Inductive 
Coupling Standard or any previous RF interference reduction or 
inductive coupling standard, including GSM handsets that were 
previously certified under the power-down exception.

Outreach

    28. The Commission reminds manufacturers and service providers that 
its rules require them generally to ensure that consumers have the 
information they need about the availability of hearing aid compatible 
wireline and wireless phones and the accessibility features of these 
phones. Specifically, the Commission reminds these entities of the 
following obligations.
     Manufacturers and service providers: Under section 255 of 
the Act, which requires the usability of telecommunications products if 
readily achievable, and section 716 of the Act, which requires the 
usability of products used with advanced communications services unless 
not achievable, manufacturers and service providers must: (a) Make 
their product information, including information about accessibility 
features, usable, in part by providing written manuals and instructions 
in accessible formats, such as large print, and Braille; (b) provide 
usable and accessible customer and technical support in their call and 
service centers; and (c) include in their general product materials 
contact information for obtaining information about the products and 
their accessibility features. To this end, the Commission expects 
service providers and manufacturers to have trained staff available 
during their business hours to answer questions about how their 
equipment complies with applicable HAC standards and how to operate 
features of wireline and wireless handsets to make them accessible to 
and usable by people with hearing loss.
     Wireless service providers must permit consumers to test 
out handsets in any retail store owned or operated by the service 
provider.
     Wireless manufacturers and service providers must ensure 
that hearing aid compatible handsets clearly display the ratings on the 
packaging material of the handsets.
     Wireless manufacturers and service providers with publicly 
accessible websites must post a list of all hearing aid compatible 
models offered, their ratings, and an explanation of the rating system; 
and provide information about the levels of functionality defined by 
the service provider and how the functionality of handsets varies at 
different levels.
    29. Consumers may also obtain information about hearing aid 
compatible wireless handsets from the Hearing Aid Compatibility Status 
Reports filed by wireless manufacturers and service providers and the 
Commission's summaries of those reports. See FCC, Wireless 
Telecommunications Bureau, Hearing Aid Compatibility Status Reporting, 
https://wireless.fcc.gov/hac/index.htm?job=home; Hearing Aid 
Compatibility Reports: Device Manufacturers, https://wireless.fcc.gov/hac/index.htm?job=reports_dm; Hearing Aid Compatibility Reports: 
Service Providers, https://wireless.fcc.gov/hac/index.htm?job=reports_sp. Additional information about hearing aid 
compatible wireless handsets, although not associated with specific 
service providers, is available from the Global Accessibility Reporting 
Initiative, which can be accessed from the Commission's Accessibility 
Clearinghouse. See Global Accessibility Reporting Initiative, Find 
Accessible Devices & Apps, https://www.gari.info/findphones.cfm; FCC, 
Accessibility Clearinghouse--Products and Services, https://ach.fcc.gov/products-and-services/; FCC, Accessibility Clearinghouse--
Hearing, Language and Speech Disabilities, https://ach.fcc.gov/resources-by-disability/hearing-language-and-speech-disabilities/.

Order on Reconsideration

    30. On October 8, 2010, LG Electronics MobileComm U.S.A., Inc., and 
several other manufacturers of wireless handsets filed a Petition for 
Partial Reconsideration (LG Petition) of the Commission's August 2010 
Report and Order, requesting the Commission to apply the power-down 
exception uniformly to all manufacturers of GSM handsets that operate 
in the 1900 MHz band. In the August 2010 Report and Order, the 
Commission had stated that the power-down exception applies to 
``companies that, but for their size, would be eligible for the amended 
de minimis exception.'' In document FCC 17-135, the Commission 
eliminates the power-down exception. The Commission therefore concludes 
that the LG Petition is moot and, accordingly, dismisses the petition.

Final Regulatory Flexibility Act Analysis

    31. As required by the Regulatory Flexibility Act of 1980 (RFA), as 
amended, the Commission incorporated an Initial Regulatory Flexibility 
Analysis (IRFA) into the NPRM. The Commission sought written public 
comment on the proposals in the NPRM, including comment on the IRFA. No 
comments were received on the IRFA.

Need For, and Objectives of, the Report and Order and Order on 
Reconsideration

    32. Document FCC 17-135 amends the hearing aid compatibility (HAC) 
rules with the goal of ensuring that Americans with hearing loss are 
able to access wireline services, wireless services and wireline ACS 
through a wide array of phones, including voice-over-internet-protocol 
(VoIP) telephones. The Commission takes the following actions to ensure 
that individuals who rely on HAC technologies will have access to 
emerging communications technologies

[[Page 8629]]

in accordance with the objectives of the Twenty-First Century 
Communications and Video Accessibility Act of 2010 (CVAA) and its 
legislative predecessors. In the Report and Order of document FCC 17-
135, the Commission:
     Adopts a new standard to improve the method used to 
measure volume control on wireline handsets that will be phased in over 
two years;
     adopts rules to require certain customer premises 
equipment (CPE) used with ACS, including VoIP telephones, to be HAC 
compliant;
     adopts a rule requiring volume control on wireless 
handsets sufficient to meet the communications needs of people with 
hearing loss;
     eliminates two superseded rules--the inductive coupling 
standard (2007 Wireless RF Interference/Inductive Coupling Standard) 
and a power-down exception for certain GSM handsets--and adopts a 
deadline after which all wireless handsets submitted for new 
certifications of hearing aid compatibility must adhere to the 2011 
Wireless RF Interference/Inductive Coupling Standard; and
     reminds manufacturers and service providers of their 
existing obligations to provide consumers with sufficient information 
to make informed decisions about their wireless handset purchases.
    In the Order on Reconsideration of document FCC 17-135, the 
Commission dismisses as moot a pending Petition for Partial 
Reconsideration concerning the power-down rule, 47 CFR 
20.19(e)(1)(iii), because it eliminates the rule in the Report and 
Order. The above rules reflect adjustments, such as transition times 
prior to new rules taking effect, that may be particularly helpful to 
small entities.

Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA

    33. The Commission received no comments directly addressing the 
IRFA.

Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    34. The Chief Counsel for Advocacy of the Small Business 
Administration did not file any comments in response to the proposed 
rules in this proceeding.

Description and Estimate of the Number of Small Entities to Which the 
Rules Will Apply

    35. 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 rule changes. 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 that: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA.
    36. The entities which may be affected by the rules include: Small 
entities; wireless telecommunications carriers (except satellite); all 
other telecommunications; telephone apparatus manufacturing; radio and 
television broadcasting and wireless equipment manufacturing; 
electronic computer manufacturing; computer terminal manufacturing; and 
software publishers.

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    37. Certain rule changes adopted in document FCC 17-135 modify or 
add requirements governing reporting, recordkeeping, and other 
compliance obligations. As described above and below, the adoption of 
these requirements factors in the needs of small entities.
    38. First, the Commission incorporates the 2012 Wireline Volume 
Control Standard into the wireline volume control rules and eliminates 
the currently applicable standard after a transition period. This 
action alters the compliance obligations of wireline telephone 
apparatus manufacturers, including small entities, by requiring them to 
use a different method for testing and evaluating compliance with the 
volume control requirement.
    39. Second, the Commission explicitly applies the Commission's 
wireline telephone volume control and other HAC rules to equipment used 
for ACS, which includes VoIP devices. The Commission also applies 
related labeling, certification, complaint processing, and registration 
requirements, to handsets used with ACS. These actions impose new 
compliance obligations and reporting and recordkeeping obligations on 
some wireline telephone apparatus manufacturers, electronic computer 
manufacturers, computer terminal manufacturers, and software 
publishers, including small entities.
    40. Third, the Commission adopts a rule for wireless handsets to 
address volume control. This action imposes new compliance obligations 
and may impose additional reporting and recordkeeping obligations on 
wireless telecommunications carriers and wireless communications 
equipment manufacturers, including small entities.
    41. Fourth, the Commission eliminates the 2007 Wireless RF 
Interference/Inductive Coupling Standard and a power-down exception, 
and requires wireless handsets to comply with the existing 2011 
Wireless RF Interference/Inductive Coupling Standard to achieve more 
effective coupling between handsets and hearing aids or cochlear 
implants. This action could alter the compliance obligations of 
wireless telecommunications carriers and wireless communications 
equipment manufacturers, including small entities. However, such 
changes would not result in new regulatory burdens. In fact, it is the 
Commission's understanding that the 2011 Wireless RF Interference/
Inductive Coupling Standard already is used almost exclusively.
    42. Fifth, the Commission reminds manufacturers and service 
providers of their existing obligations to provide consumers with 
sufficient information to make informed decisions about their handset 
purchases. These requirements are not new. So there are no new 
compliance obligations.

Steps Taken To Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered

    43. The Commission considered ways to reduce potential burdens and/
or allow sufficient transition time for new requirements, which may be 
especially helpful to small entities. First, regarding the Commission's 
incorporation of the 2012 Wireline Volume Control Standard into the 
wireline volume control rules, the Commission notes that the 2012 
Wireline Volume Control Standard is a performance standard, not a 
design standard. To minimize the difficulty of adjusting to the revised 
standard, document FCC 17-135 allows a phase-in period during which 
manufacturers may comply with either the existing standard or the 2012 
Wireline Volume Control Standard. To limit any potential burdens 
regarding the impact of the proposed rule change on previously 
manufactured telephones, the Commission allows the existing inventory 
and installed base of telephones that comply with the existing volume 
control standard to remain in place until retired.
    44. In the NPRM, the Commission asked for comment generally on the 
cost of incorporating the 2012 Wireline Volume Control Standard into 
the Commission's rules. No commenter addresses this issue or raises

[[Page 8630]]

alternatives. Because this revised standard more accurately measures 
the amplification achievable by wireline telephone products, 
incorporation of this standard could lighten regulatory burdens by 
increasing market certainty, promoting a level playing field, and 
reducing the number of complaints made to manufacturers by consumers of 
their products.
    45. Second, regarding the Commission's new requirement that 
wireline CPE used with VoIP or other ACS comply with the wireline HAC 
and volume control requirements of part 68, the Commission notes that 
the standards provided in the rules are performance standards, not 
design standards. To minimize the difficulty of adjusting to the 
revised standard, document FCC 17-135 allows a two-year phase-in period 
before compliance is required. The Commission is aware that some 
manufacturers are already voluntarily complying with some of the new 
HAC requirements. To limit any potential burdens regarding the impact 
of the rule change on previously manufactured telephones, the 
Commission allows the existing inventory and installed base of ACS 
telephonic CPE to remain in place until retired. The Commission applies 
the relevant part 68 rules regarding complaint handling, labeling, 
certifications, and Suppliers' Declarations of Conformity to ACS 
telephonic CPE. Among other things, these rules provide for HAC 
consumer complaints to be filed with state public utility commissions 
or with the Commission, require labels to be affixed to telephones that 
are HAC compliant, permit equipment to be certified by 
Telecommunication Certification Bodies, and in the alternative, permit 
suppliers to make their own Declarations of Conformity. In the NPRM, 
the Commission sought comment on the costs of compliance. No commenter 
directly addresses this issue or raises alternatives. The Commission 
continues to believe that these requirements will promote 
accountability and compliance with the HAC requirements and thus 
effectively serve people with hearing loss. Finally, the Commission 
notes that the rule amendment could increase regulatory certainty and 
market fairness regarding the application of the wireline HAC rules 
because these rules would apply both to telephones connected to the 
public switched telephone network and to ACS telephonic CPE used with 
VoIP services.
    46. Third, regarding the Commission's adoption of rules requiring 
wireless handsets to provide volume control that produces sound levels 
suitable for persons with hearing loss (including persons with and 
without hearing aids), these rules also reflect a performance, not a 
design, standard. The introduction of new handsets that comply with a 
volume control standard is spread out over about seven years, which 
corresponds to the timeline of other wireless HAC requirements. In 
addition, reduced requirements apply to smaller manufacturers and 
service providers, and a total exemption is applied to the smallest 
manufacturers and service providers. The record shows that many 
wireless handsets already need to comply with volume control standards 
adopted by European and Asian standards groups; thus, it is possible 
that in complying with those standards, much of the cost of complying 
with this rule is already being borne by wireless manufacturers and 
service providers. Moreover, in the NPRM, the Commission asked for 
comment on the costs and benefits of adopting a wireless volume control 
requirement, and whether there are any specific burdens associated with 
requiring handsets to achieve a specified amplification level for 
manufacturers and service providers. No commenter responds to this 
issue. The Commission has not identified any alternative to this rule 
that would have further lessened the economic impact on small entities 
while remaining consistent with its objectives.
    47. Fourth, regarding the Commission's adoption of a requirement 
for manufacturers to use the 2011 Wireless RF Interference/Inductive 
Coupling Standard exclusively and to eliminate the power-down exception 
to the existing wireless HAC rule, the Commission notes that the 2011 
Wireless RF Interference/Inductive Coupling Standard is a performance 
standard, not a design standard. The revised rule will be implemented 
for new HAC certifications, and all prior certifications are 
grandfathered. Further, while HAC certifications will be necessary for 
increasing portions of a manufacturer's offered handset models over the 
next seven years under other recently adopted requirements, reduced 
requirements apply to smaller manufacturers and service providers, and 
a total exemption is applied to the smallest manufacturers and service 
providers. In the NPRM, the Commission asked for comment on the costs 
of compliance with the 2011 Wireless RF Interference/Inductive Coupling 
Standard and eliminating the power-down exception. No commenter 
addresses this issue. The Commission has not identified any alternative 
to these measures that would have lessened the economic impact on small 
entities while remaining consistent with its objectives.
    48. Fifth, regarding the Commission's reminder to manufacturers and 
service providers concerning their existing obligations to provide 
consumers with sufficient information to make informed decisions about 
their handset purchases, these obligations include placing HAC 
information on handset packaging, providing accessible customer 
support, and posting information on wireless service providers' 
websites. These are not new obligations, so there are no new costs. The 
Commission has not identified any alternative to these rules that would 
have further lessened the economic impact on small entities while 
remaining consistent with its objectives of improving the ways that 
Americans with hearing loss can access our nation's wireline and 
wireless communications services.

Report to Congress

    49. The Commission has sent a copy of document FCC 17-135, 
including this FRFA, in a report to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act.

Federal Rules Which Duplicate, Overlap, or Conflict With, the 
Commission's Rules

    50. None.

Ordering Clauses

    51. Pursuant to sections 4(i), 303(r), and 710 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), 610, 
document FCC 17-135 is adopted, and parts 20 and 68 of title 47 are 
amended.
    52. The Petition for Partial Reconsideration filed October 8, 2010 
by LG Electronics MobileComm U.S.A., Inc., Motorola, Inc., Nokia Inc., 
Research in Motion Corp., Samsung Information Systems America, Inc., 
and Sony Ericsson Mobile Communications (USA) Inc. in WT Docket No. 07-
250 is dismissed.
    53. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center shall send a copy of document FCC 17-135, 
including the Final Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Parts 20 and 68

    Incorporation by reference, Individuals with disabilities, 
Telecommunications, Telephones.


[[Page 8631]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 20 and 68 as follows:

PART 20--COMMERICAL 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.

0
2. Amend Sec.  20.19 by:
0
a. Revising paragraphs (b)(1) and (2) and (e)(1)(iii)(B) and (C);
0
b. Adding paragraph (e)(1)(iii)(D); and
0
c. Revising paragraphs (f)(1), (k)(2), and (l) to read as follows:


Sec.  20.19  Hearing aid-compatible mobile handsets.

* * * * *
    (b) * * *
    (1) For radio frequency interference and volume control. A wireless 
handset submitted for equipment certification or for a permissive 
change relating to hearing aid compatibility on or after August 28, 
2018, must meet, at a minimum, the M3 rating associated with the 
technical standard set forth in the standard document ``American 
National Standard Methods of Measurement of Compatibility Between 
Wireless Communication Devices and Hearing Aids,'' ANSI C63.19-2011. 
Any grants of certification issued before August 28, 2018, under ANSI 
C63.19-2011, or previous versions of ANSI C63.19, remain valid for 
hearing aid compatibility purposes. Beginning March 1, 2021, a wireless 
handset submitted for equipment certification or for a permissive 
change relating to hearing aid compatibility must also be equipped with 
volume control that produces sound levels suitable for persons with 
hearing loss (including persons with and without hearing aids). Any 
grants of certification issued to handsets not equipped with such 
volume control that were submitted for certification before March 1, 
2021, remain valid for hearing aid compatibility purposes.
    (2) For inductive coupling. A wireless handset submitted for 
equipment certification or for a permissive change relating to hearing 
aid compatibility on or after August 28, 2018, must meet, at a minimum, 
the T3 rating associated with the technical standard set forth in the 
standard document ``American National Standard Methods of Measurement 
of Compatibility Between Wireless Communication Devices and Hearing 
Aids,'' ANSI C63.19-2011. Any grants of certification issued for 
handsets submitted for such certification before August 28, 2018, under 
ANSI C63.19-2011, or previous versions of ANSI C63.19, remain valid for 
hearing aid compatibility purposes.
* * * * *
    (e) * * *
    (1) * * *
    (iii) * * *
    (B) The handset would comply with paragraph (b)(1) of this section 
if the power as so reduced were the maximum power at which the handset 
could operate;
    (C) Customers are informed of the power reduction mode as provided 
in paragraph (f)(3) of this section. Manufacturers and service 
providers covered by this paragraph must also comply with all other 
requirements of this section; and
    (D) The handset was certified as meeting the requirements of 
paragraph (b)(1) of this section with the power reduction prior to 
August 28, 2018.
* * * * *
    (f) * * *
    (1) Labeling requirements--(i) Inductive coupling and RF 
interference reduction. Manufacturers and service providers shall 
ensure that handsets that are hearing aid-compatible, as defined in 
paragraph (b) of this section, clearly display the rating, as defined 
in paragraphs (b)(1) and (2) of this section, on the packaging material 
of the handset. In the event that a hearing aid-compatible handset 
achieves different radio interference or inductive coupling ratings 
over different air interfaces or different frequency bands, the RF 
interference reduction and inductive coupling capability ratings 
displayed shall be the lowest rating assigned to that handset for any 
air interface or frequency band. An explanation of the ANSI C63.19 
rating system must also be included in the device's user's manual or as 
an insert in the packaging material for the handset.
    (ii) Volume control. Beginning March 1, 2021, manufacturers and 
service providers shall ensure that handsets that are hearing aid 
compatible, as defined in paragraph (b) of this section, clearly 
display information indicating the handset's amplification capabilities 
on the packaging material of the handset. If the handset has been 
certified as compliant with a technical standard that specifies 
acceptable numerical metrics or qualitative ratings for handset volume 
control, the labeling shall include the relevant volume control metrics 
or ratings. In the event that such a handset achieves different metrics 
or ratings over different air interfaces or different frequency bands, 
the volume control metrics or ratings displayed shall be the lowest 
metrics or ratings assigned to that handset for any air interface or 
frequency band. An explanation of such volume control metrics or 
ratings shall be included in the device's user manual or as an insert 
in the packaging material for the handset.
* * * * *
    (k) * * *
    (2) The Chief of the Wireless Telecommunications Bureau and the 
Chief of the Office of Engineering and Technology are delegated 
authority, by notice-and-comment rulemaking if required by statute or 
otherwise in the public interest, to issue an order amending this 
section to the extent necessary to approve any version of the technical 
standards for radio frequency interference, inductive coupling, or 
volume control adopted subsequently to ANSI C63.19-2007 for use in 
determining whether a wireless handset meets the appropriate rating 
over frequency bands and air interfaces for which technical standards 
have previously been adopted either by the Commission or pursuant to 
paragraph (k)(1) of this section. This delegation is limited to the 
approval of changes to the technical standards that do not raise major 
compliance issues. Further, by such approvals, the Chiefs may only 
permit, and not require, the use of such subsequent versions of the 
technical standards to establish hearing aid compatibility.
    (l) The standards required in this section are incorporated by 
reference into this section with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved 
material is available for inspection at the Federal Communications 
Commission (FCC), 445 12th St. SW, Reference Information Center, Room 
CY-A257, Washington, DC 20554, (202) 418-0270, and is available from 
the source indicated below. They are also available for inspection at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030 or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (1) IEEE Standards Association (IEEE-SA), 445 Hoes Lane, 
Piscataway, NJ 08854-4141, (732) 981-0060, email to

[[Page 8632]]

[email protected], and https://standards.ieee.org/.
    (i) ANSI C63.19-2007, American National Standard Methods of 
Measurement of Compatibility between Wireless Communication Devices and 
Hearing Aids, June 8, 2007.
    (ii) ANSI C63.19-2011, American National Standard Methods of 
Measurement of Compatibility between Wireless Communication Devices and 
Hearing Aids, May 27, 2011.
    (2) [Reserved]

PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK

0
3. The authority citation for part 68 is revised to read as follows:

    Authority: 47 U.S.C. 154, 303, 610.

Subpart A--General

0
4. The authority citation for part 68, subpart A, is revised to read as 
follows:

    Authority: Secs. 4, 5, 303, 710, 48 Stat., as amended, 1066, 
1068, 1082 (47 U.S.C. 154, 155, 303, 610).

0
5. Revise Sec.  68.1 to read as follows:


Sec.  68.1  Purpose.

    The purpose of the rules and regulations in this part is to provide 
for uniform standards for the protection of the telephone network from 
harms caused by the connection of terminal equipment and associated 
wiring thereto, and for the compatibility of hearing aids and 
telephones so as to ensure that, to the fullest extent made possible by 
technology and medical science, people with hearing loss have equal 
access to the national telecommunications network, including advanced 
communications services.

0
6. Amend Sec.  68.2 by revising paragraph (a) to read as follows:


Sec.  68.2  Scope.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
and excluding subpart F, which applies only to ACS telephonic CPE, the 
rules and regulations of this part apply to direct connection of all 
terminal equipment to the public switched telephone network for use in 
conjunction with all services other than party line services. Sections 
68.4, 68.5, 68.6, 68.112, 68.160, 68.162, 68.316, and 68.317, and other 
sections to the extent they are made applicable by subpart F of this 
part, also apply to ACS and ACS telephonic CPE that is manufactured in 
the United States or imported for use in the United States on or after 
February 28, 2020.
* * * * *

0
7. Amend Sec.  68.3 by adding the definitions of ``ACS telephonic CPE'' 
and ``Advanced communications services'' in alphabetical order, and 
revising the definitions of ``Hearing aid compatible'' and 
``Responsible party'' to read as follows:


Sec.  68.3   Definitions.

* * * * *
    ACS telephonic CPE. Customer premises equipment used with advanced 
communications services that is designed to provide 2-way voice 
communication via a built-in speaker intended to be held to the ear in 
a manner functionally equivalent to a telephone, except for mobile 
handsets.
    Advanced communications services. Interconnected VoIP service, non-
interconnected VoIP service, electronic messaging service, and 
interoperable video conferencing service.
* * * * *
    Hearing aid compatible. Except as used at Sec. Sec.  68.4(a)(3) and 
68.414, and subpart F of this part the terms hearing aid compatible or 
hearing aid compatibility are used as defined in Sec.  68.316, unless 
it is specifically stated that hearing aid compatibility volume 
control, as defined in Sec.  68.317, is intended or is included in the 
definition.
* * * * *
    Responsible party. The party or parties responsible for the 
compliance of terminal equipment or protective circuitry intended for 
connection directly to the public switched telephone network, or of ACS 
telephonic CPE, with the applicable rules and regulations in this part 
and with any applicable technical criteria published by the 
Administrative Council for Terminal Attachments. If a 
Telecommunications Certification Body certifies the terminal equipment 
or ACS telephonic CPE, the responsible party is the holder of the 
certificate for that equipment. If the terminal equipment or ACS 
telephonic CPE is the subject of a Supplier's Declaration of 
Conformity, the responsible party shall be: The manufacturer of the 
equipment, or the manufacturer of protective circuitry that is marketed 
for use with terminal equipment that is not to be connected directly to 
the network, or if the equipment is imported, the importer, or if the 
equipment is assembled from individual component parts, the assembler. 
If the equipment is modified by any party not working under the 
authority of the responsible party, the party performing the 
modifications, if located within the U.S., or the importer, if the 
equipment is imported subsequent to the modifications, becomes the new 
responsible party. Retailers or original equipment manufacturers may 
enter into an agreement with the assembler or importer to assume the 
responsibilities to ensure compliance of the terminal equipment or ACS 
telephonic CPE and to become the responsible party.
* * * * *

0
8. Amend Sec.  68.224 by revising paragraph (b) to read as follows:


Sec.  68.224  Notice of non-hearing aid compatibility.

* * * * *
    (b) Be accompanied by instructions in accordance with Sec.  
68.218(b)(2).

0
9. The authority citation for subpart D of part 68 is revised to read 
as follows:

Subpart D--Conditions for Terminal Equipment Approval

    Authority: Secs. 4, 5, 303, 710, 48 Stat., as amended, 1066, 
1068, 1082 (47 U.S.C. 154, 155, 303, 610).

0
10. Amend Sec.  68.317 by:
0
a. Redesignating paragraph (g) as paragraph (i);
0
b. Redesignating paragraphs (a) through (f) as (b) through (g);
0
c. Adding new paragraph (a);
0
d. Redesignating ``Note to paragraph (a)'' as ``Note 1 to paragraph 
(b)'';
0
e. Adding paragraph (h); and
0
 f. Revising newly redesignated paragraph (i).
    The additions and revision read as follows:


Sec.  68.317  Hearing aid compatibility volume control: technical 
standards.

    (a)(1) A telephone manufactured in the United States or imported 
for use in the United States prior to February 28, 2020, complies with 
the volume control requirements of this section if it complies with:
    (i) The applicable provisions of paragraphs (b) through (g) of this 
section; or
    (ii) Paragraph (h) of this section.
    (2) A telephone manufactured in the United States or imported for 
use in the United States on or after February 28, 2020, complies with 
the volume control requirements of this section if it complies with 
paragraph (h) of this section.
* * * * *
    (h) A telephone complies with the Commission's volume control 
requirements if it is equipped with a receive volume control that 
provides, through the receiver in the handset of the telephone, at the 
loudest volume setting, a conversational gain greater than or equal to 
18 dB and less than or equal to 24 dB Conversational Gain

[[Page 8633]]

when measured as described in ANSI/TIA-4965-2012 (Telecommunications--
Telephone Terminal Equipment--Receive Volume Control Requirements for 
Digital and Analog Wireline Telephones). A minimum of 18 dB 
Conversational Gain must be achieved without significant clipping of 
the speech signal used for testing. The maximum 24 dB Conversational 
Gain may be exceeded if the amplified receive capability automatically 
resets to a level of not more than 24 dB Conversational Gain when the 
telephone is caused to pass through a proper on-hook transition, in 
order to minimize the likelihood of damage to individuals with normal 
hearing.
    (i) The standards required in this section are incorporated by 
reference with the approval of the Director of the Federal Register 
under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is 
available for inspection at the Federal Communications Commission 
(FCC), 445 12th St. SW, Reference Information Center, Room CY-A257, 
Washington, DC 20554, (202) 418-0270, and is available from the source 
indicated below. They are also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030 or go to 
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (1) The following standards are available from the 
Telecommunications Industry Association (TIA), 1320 North Courthouse 
Road, Suite 200, Arlington, VA 22201, (877) 413-5184, email to 
[email protected], and https://www.tiaonline.org/standards/catalog.
    (i) Paragraph 4.1.2 (including table 4.4) of American National 
Standards Institute (ANSI) Standard ANSI/EIA-470-A-1987, Telephone 
Instruments with Loop Signaling, July 1987.
    (ii) Paragraph 4.3.2 of ANSI/EIA/TIA-579-1991, Acoustic-to-Digital 
and Digital-to-Acoustic Transmission Requirements for ISDN Terminals, 
February 1991.
    (iii) ANSI/TIA-4965-2012, Telecommunications; Telephone Terminal 
Equipment; Receive Volume Control Requirements for Digital and Analog 
Wireline Handset Terminals, approved October 19, 2012.
    (2) [Reserved]

0
11. Amend Sec.  68.320 by revising paragraph (e) to read as follows:


Sec.  68.320   Supplier's Declaration of Conformity.

* * * * *
    (e) No person shall use or make reference to a Supplier's 
Declaration of Conformity in a deceptive or misleading manner or to 
convey the impression that such a Supplier's Declaration of Conformity 
reflects more than a determination by the responsible party that the 
device or product has been shown to be capable of complying with the 
applicable technical criteria.

0
12. Add subpart F to read as follows:

Subpart F--ACS Telephonic CPE
Sec.
68.501 Authorization procedures.
68.502 Labeling, warranty, instructions, and notice of revocation of 
approval.
68.503 Complaint procedures.
68.504 Administrative Council on Terminal Attachments.

Sec.  68.501   Authorization procedures.

    (a) Authorization required. Unless exempt from the requirements of 
Sec. Sec.  68.4 and 68.6, ACS telephonic CPE manufactured in or 
imported into the United States after February 28, 2020, shall be 
certified as hearing aid compatible by a Telecommunications 
Certification Body or the responsible party shall follow the procedures 
in this part for a Supplier's Declaration of Conformity to establish 
that such CPE is hearing aid compatible.
    (b) Certification. The requirements of Sec. Sec.  68.160 and 68.162 
shall apply to the certification of ACS telephonic CPE as hearing aid 
compatible.
    (c) Supplier's Declaration of Conformity. The requirements of 
Sec. Sec.  68.320-68.350 (except Sec.  68.324(f)) shall apply to the 
use of the Supplier's Declaration of Conformity procedure to establish 
that ACS telephonic CPE is hearing aid compatible.
    (d) Revocation procedures. (1) The Commission may revoke the 
authorization of ACS telephonic CPE under this section, where:
    (i) The equipment approval is shown to have been obtained by 
misrepresentation;
    (ii) The responsible party willfully or repeatedly fails to comply 
with the terms and conditions of its equipment approval; or
    (iii) The responsible party willfully or repeatedly fails to comply 
with any rule, regulation or order issued by the Commission under the 
Communications Act of 1934 relating to terminal equipment.
    (2) Before revoking such authorization, the Commission, or the 
Enforcement Bureau under delegated authority, will issue a written 
Notice of Intent to Revoke part 68 Authorization, or a Joint Notice of 
Apparent Liability for Forfeiture and Notice of Intent to Revoke part 
68 Authorization, pursuant to Sec. Sec.  1.80 and 1.89 of this chapter. 
The notice will be sent to the responsible party for the equipment at 
issue at the address provided to the Administrative Council for 
Terminal Attachments. A product that has had its authorization revoked 
may not be reauthorized for a period of six months from the date of 
revocation of the approval. A responsible party for ACS telephonic CPE 
that has had its authorization revoked or that has been assessed a 
forfeiture, or both, may request reconsideration or make administrative 
appeal of the decision pursuant to part 1 of the Commission's rules: 
Practice and Procedure, part 1 of this chapter.


Sec.  68.502  Labeling, warranty, instructions, and notice of 
revocation of approval.

    (a) Labeling--(1) Hearing aid compatible equipment. All ACS 
telephonic CPE manufactured in the United States (other than for 
export) or imported for use in the United States after February 28, 
2020, that is hearing aid compatible, as defined in Sec. Sec.  68.316 
and 68.317, shall have the letters ``HAC'' permanently affixed thereto. 
``Permanently affixed'' means that the label is etched, engraved, 
stamped, silkscreened, indelibly printed, or otherwise permanently 
marked on a permanently attached part of the equipment or on a 
nameplate of metal, plastic, or other material fastened to the 
equipment by welding, riveting, or a permanent adhesive. The label must 
be designed to last the expected lifetime of the equipment in the 
environment in which the equipment may be operated and must not be 
readily detachable.
    (2) Non-hearing aid compatible equipment. Non-hearing aid 
compatible ACS telephonic CPE offered for sale to the public on or 
after February 28, 2020, shall contain in a conspicuous location on the 
surface of its packaging a statement that the ACS telephonic CPE is not 
hearing aid compatible, as defined in Sec. Sec.  68.4(a)(3), 68.316, 
68.317, or if offered for sale without a surrounding package, shall be 
affixed with a written statement that the telephone is not hearing aid 
compatible, as defined in Sec. Sec.  68.4(a)(3), 68.316 and 68.317; and 
be accompanied by instructions in accordance with Sec.  68.218(b)(2).
    (b) Warranty. In acquiring approval for equipment to be labeled and 
otherwise represented to be hearing aid compatible, the responsible 
party warrants that each item of equipment marketed under such 
authorization will comply with all applicable rules and regulations of 
this part and with the applicable technical criteria.
    (c) Instructions. The responsible party or its agent shall provide 
the user of the

[[Page 8634]]

approved ACS telephonic CPE the following:
    (1) Any consumer instructions required to be included with approved 
ACS telephonic CPE by the Administrative Council for Terminal 
Attachments;
    (2) For ACS telephonic CPE that is not hearing aid compatible, as 
defined in Sec.  68.316:
    (i) Notice that FCC rules prohibit the use of that handset in 
certain locations; and
    (ii) A list of such locations (see Sec.  68.112).
    (d) Notice of revocation. When approval is revoked for any item of 
equipment, the responsible party must take all reasonable steps to 
ensure that purchasers and users of such equipment are notified to 
discontinue use of such equipment.


Sec.  68.503  Complaint procedures.

    The complaint procedures of Sec. Sec.  68.414 through 68.423 shall 
apply to complaints regarding the hearing aid compatibility of ACS 
telephonic CPE.


Sec.  68.504  Administrative Council on Terminal Attachments.

    The database registration and labeling provisions of Sec. Sec.  
68.354, 68.610, and 68.612 shall apply to ACS telephonic CPE that is 
approved as hearing aid compatible and is manufactured in or imported 
to the United States on or after February 28, 2020. After that date, 
the information required by the Administrative Council on Terminal 
Attachments shall be submitted within 30 days after the date that the 
equipment is manufactured in or imported into the United States.

[FR Doc. 2018-04012 Filed 2-27-18; 8:45 am]
 BILLING CODE 6712-01-P