[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Rules and Regulations]
[Pages 77781-77782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31358]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20
[FCC 10-145; WT Docket No. 07-250]
Amendment of the Commission's Rules Governing Hearing Aid-
Compatible Mobile Handsets; Announcement of Effective Date
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
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SUMMARY: In this document, the Federal Communications Commission
announces that it has received OMB approval for collection 3060-099.
The Commission adopted these rules to ensure that consumers with
hearing loss are able to access wireless communications services.
DATES: The amendment to 47 CFR 20.19(f) published at 75 FR 54508,
September 8, 2010, is effective December 14, 2010.
FOR FURTHER INFORMATION CONTACT: Judith B. Herman, Federal
Communications Commission, at (202) 418-0214 or via the Internet at
[email protected].
SUPPLEMENTARY INFORMATION: The Federal Communications Commission (FCC)
has received Office of Management and Budget (OMB) approval for the
following public information collection pursuant to the Paperwork
Reduction Act of 1995, Public Law 104-13. An agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid control number.
OMB Control No.: 3060-0999.
Expiration Date: 12/31/13.
Title: Hearing Aid Compatibility Status Report and Section 20.19,
Hearing Aid-Compatible Mobile Handsets (Hearing Aid Compatibility Act).
Form No.: FCC Form 655--electronic only.
Estimated Annual Burden: 925 respondents; 925 responses; 12,063
total annual hours.
Needs and Uses: In the Report and Order in WT Docket 01-309, FCC
03-168, adopted and released in September 2003, the Federal
Communications Commission modified the exemption for telephones used
with public mobile services from the requirements of the Hearing Aid
Compatibility Act of 1988 (HAC Act). The Order required digital
wireless phone manufacturers and service providers to make certain
digital wireless phones capable of effective use with hearing aids. As
part of that Order, manufacturers and service providers were required
to label certain phones they sold with information about their
compatibility with hearing aids, and also to report to the Commission
(at first every six months, then on an annual basis) on the numbers and
types of hearing aid-compatible phones they were producing or offering
to the public.
In February 2008, the Commission adopted final rules in a Report
and Order, FCC 08-68, which updated several of the performance
benchmarks for manufacturers and service providers, and instituted new
requirements for manufacturers to refresh their product lines and for
service providers to offer hearing aid-compatible handset models with
differing levels of functionality. The Commission also adopted a new
version of the technical standard for measuring hearing aid
compatibility, and addressed the application of the rules to phones
that operate in multiple frequency bands or air interfaces. In order to
avoid potential consumer confusion over technical capabilities, the
Order also modified the product labeling requirements slightly.
To assist the Commission in monitoring the implementation of the
new requirements and to provide information to the public, the Report
and Order also required manufacturers and service providers to continue
to file annual reports on the status of their compliance with these
requirements, and required manufacturers and service providers that
maintain public Web sites to publish up-to-date information on those
Web sites regarding their hearing aid-compatible handset models. The
annual reports required in the Order contained different and
[[Page 77782]]
additional information than in previous versions of this information
collection and, for the first time, were required to be submitted by
manufacturers and service providers using electronic FCC Form 655. The
reporting and third party disclosure requirements for the
aforementioned Report and Order were approved most recently by OMB on
June 5, 2009 under OMB Control Number 3060-0999.
Recently, on August 5, 2010, the Commission adopted final rules in
a Second Report and Order, published at FCC 10-145, 75 FR 54508,
September 8, 2010, that, among other things, updated disclosure
requirements for manufacturers and service providers. Manufacturers and
service providers are now required to adequately inform consumers about
the functionality and the limitations of their handsets in two specific
situations. For handsets that meet hearing aid compatibility
requirements over all air interfaces and frequency bands for which
hearing aid compatibility technical standards have been established,
but that are also capable of supporting voice operations in any new
frequency band or air interface for which such standards do not exist,
beginning March 8, 2011, the following disclosure language must be
clearly and effectively conveyed to consumers wherever the hearing aid
compatibility rating for the handset is provided, including at the
point of sale \1\ and on company Web sites: ``This phone has been
tested and rated for use with hearing aids for some of the wireless
technologies that it uses. However, there may be some newer wireless
technologies used in this phone that have not been tested yet for use
with hearing aids. It is important to try the different features of
this phone thoroughly and in different locations, using your hearing
aid or cochlear implant, to determine if you hear any interfering
noise. Consult your service provider or the manufacturer of this phone
for information on hearing aid compatibility. If you have questions
about return or exchange policies, consult your service provider or
phone retailer.''
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\1\ Means of providing this language at the point of sale could
include, for example, call-out cards or an insert in the handset's
packaging.
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The Second Report and Order also modifies the de minimis exception
in the existing rule so that all large entities are required to offer
at least one hearing aid-compatible model after a two-year initial
period. Further, the Commission is allowing companies that offer one or
two handset models over the Global System for Mobile Communications
(``GSM'') air interface, if they would have been eligible for the
amended de minimis exception but for their size, to satisfy their
obligation to offer one hearing aid-compatible handset over the GSM air
interface by offering a handset that lets the consumer reduce maximum
transmit power for GSM operations in the 1900 MHz band by up to 2.5
decibels. The Commission grants this exception subject to certain
conditions, one of which is that companies that choose to use this
exception must adequately inform consumers of the need to select the
power reduction option to achieve hearing aid compatibility and of the
consequences of doing so. Specifically, wherever a manufacturer or
service provider provides the hearing aid compatibility rating for such
a handset, it shall indicate that user activation of a special mode is
necessary to meet the hearing aid compatibility standard for radio
frequency (RF) interference reduction. In addition, the handset manual
or a product insert must explain how to activate the special mode and
that doing so may result in a diminution of coverage.\2\
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\2\ The need for the consumer to reduce the power in order to
meet the hearing aid compatibility standard should also be clearly
stated in the filing for equipment certification.
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Beyond the updated disclosure requirements noted above, certain
fields have been changed on Form 655 in order to clarify information
previously gathered in this collection and bring the collection into
conformance with the amended rules. Specifically, manufacturers and
service providers are asked to provide the brand names under which they
are offering digital commercial mobile radio services (if a service
provider) or handsets (if a device manufacturer), in order to avoid
confusion by identifying products and services offered under more than
one brand name. In addition, the questions concerning handsets capable
of Wi-Fi voice operation have been expanded to include handsets that
are capable of voice communication without changes to the hardware in
the handset over any air interface or frequency band for which hearing
aid compatibility technical standards do not exist.
The updated disclosures will create no additional burden for
manufacturers and service providers, but will ensure that consumers and
the Commission are provided with consistent and sufficient information
about the functionality and the limitations of offered handsets. These
actions are taken to ensure that consumers who use hearing aids and
cochlear implants have access to a variety of phones and are adequately
informed about the functionality and the limitations of the handsets,
while preserving competitive opportunities for small companies as well
as opportunities for innovation and investment. Similarly, the
additional fields will create no significant additional burden for
manufacturers and service providers but will clarify the responses
already required by Form 655, helping the Commission compile data and
monitor compliance with the hearing aid compatibility rules while
making more complete and accessible information available to consumers.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Federal Communications Commission.
[FR Doc. 2010-31358 Filed 12-13-10; 8:45 am]
BILLING CODE 6712-01-P