[Federal Register Volume 61, Number 158 (Wednesday, August 14, 1996)]
[Rules and Regulations]
[Pages 42181-42189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20705]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 64 and 68

[CC Docket No. 87-124; FCC 96-285]


Access to Telecommunications Equipment and Services by Persons 
With Disabilities (Hearing Aid Compatibility)

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This action requires that all wireline telephones in the 
workplace, confined settings (e.g., hospitals, nursing homes) and 
hotels and motels eventually be hearing aid compatible and have volume 
control. As of April 1, 1997, hearing aid compatible telephones 
manufactured or imported for use in the United States must have the 
letters ``HAC'' permanently affixed to them, and, as of November 1, 
1998, have volume control. The intent of these requirements is to 
increase access to telephone service by persons with impaired hearing.

EFFECTIVE DATE: October 23, 1996. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register October 23, 1996.

FOR FURTHER INFORMATION CONTACT: Greg Lipscomb, Attorney, 202/418-2340, 
Fax 202/418-2345, TTY 202/418-0484, [email protected], Network Services 
Division, Common Carrier Bureau.

SUPPLEMENTARY INFORMATION: This summarizes the Commission's Report and 
Order (R&O) in the matter of Access to Telecommunications Equipment and 
Services by Persons With Disabilities, (CC Docket 87-124, adopted June 
27, 1996, and released July 3, 1996. The file is available for 
inspection and copying during the weekday hours of 9 a.m. to 4:30 p.m. 
in the Commission's Reference Center, Room 239, 1919 M Street, N.W., or 
copies may be purchased from the Commission's duplicating contractor, 
ITS, Inc., 2100 M Street, NW., Suite 240, Washington, DC 20037, phone 
202/857-3800.

Paperwork Reduction Act

    Public reporting burden for the collections of information is 
estimated as follows:

------------------------------------------------------------------------
                                          Hours                         
             Rule sections                 per      Annual      Total   
                                        response  responses     burden  
------------------------------------------------------------------------
68.112(b)(3)(E).......................         2    805,000    1,610,000
68.224(a).............................     11.36      1,100       12,500
68.300(c).............................     11.36      1,100       12,500
Total Annual Burden: 1,635,000                                          
------------------------------------------------------------------------

    Frequency of Response: On occasion.
    The foregoing estimates include the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collections of information. Send comments regarding this burden 
estimate or any other aspect of the collections of information 
including suggestions for reducing the burden to the Federal 
Communications Commission, Records Management Branch, Paperwork 
Reduction Project (3060-0687), Washington, DC 20554, and to the Office 
of Management and Budget, Paperwork Reduction Project (3060-0687). 
Washington, DC 20503.
    Analysis of Proceeding: In 1992, the Commission adopted rules 
implementing the Hearing Aid Compatibility Act of 1988, 47 U.S.C. 
Sec. 610 (HAC Act). In 1993, the Commission suspended portions of the 
1992 rules because petitions filed by establishments affected by the 
regulations stated that the establishments were encountering serious 
difficulties in their attempts to comply. (Order, 8 FCC Rcd 4958 
(1993), 58 FR 26692 (May 5, 1993)). On March 27, 1995, the Commission 
announced that an advisory committee, the Hearing Aid Compatibility 
Negotiated Rulemaking Committee (Committee), would consider whether the 
rule suspension should be lifted and whether new rules should be 
proposed. (See 59 FR 60343 (Nov. 23, 1994); 58 FR 1539 (March 27, 
1995); and 60 FR 27945 (May 26, 1995)). The Committee represented the 
views and interests of all interested parties, including those of the 
Commission, telephone equipment manufacturers, employers, hospitals, 
nursing homes, hotels and motels, and persons with disabilities. The 
Committee's recommendations, adopted by unanimous consent, were filed 
with the Commission in the Committee's Final Report of August, 1995. On 
November 28, 1995, the Commission adopted and released a Notice of 
Proposed Rulemaking (Notice of Proposed Rulemaking, 11 FCC Rcd 4338 
(1995) (NPRM)) that reflected the recommendations of the Committee (See 
60 FR 63667 (December 12, 1995); 61 FR 1887 (January 24, 1996)). On 
June 27, 1996, the Commission adopted a R&O (FCC 96-285), which was 
released on July 3, 1996.
    The R&O requires that wireline telephones in (1) the non-common 
areas of the workplace; (2) the patient and residential rooms of 
confined settings, such as hospitals and nursing homes; and (3) the 
guest rooms of hotels and motels eventually be hearing aid

[[Page 42182]]

compatible, as defined at 47 CFR Section 68.316 (electro-magnetic coil 
compatibility). The R&O also requires that, as of November 1, 1998, all 
replacement telephones and all newly purchased telephones be equipped 
with volume control, in addition to having electro-magnetic coil 
hearing aid-compatibility. The R&O also requires that, as of November 
1, 1998, all telephones manufactured or imported for use in the United 
States have a volume control feature. The R&O includes a technical 
specification for volume control. The R&O modifies our rules governing 
telephone equipment labeling, and requires that, as of April 1, 1997, 
all telephones manufactured or imported for use in the United States 
that are hearing aid compatible have the letters ``HAC'' permanently 
affixed to them. The R&O implements additional recommendations of the 
Committee regarding consumer education. Finally, the R&O adopts other 
amendments to existing hearing aid compatibility rules for the purpose 
of clarification.
    The new rules require no testing or retrofitting of existing 
workplace telephones. Instead, the rules set deadlines that are beyond 
the normal life-cycle times for the telephones to be replaced in these 
establishments. The rules also require volume control for newly 
acquired and replacement telephones in these establishments, but 
replacement or retrofitting for volume control are not required, and 
existing inventories of telephones are not be affected by the volume 
control requirement. The new rules will increase access by persons with 
hearing disabilities to telephones provided for emergency use and are 
necessary to implement the Hearing Aid Compatibility Act of 1988.
    Under the rules, most workplace telephones will be required to be 
hearing aid compatible by January 1, 2000. In harmony with the 
provisions of the Americans With Disabilities Act of 1990, 
establishments with fewer than fifteen employees will be exempt from 
these requirements. After the applicable date for having hearing aid 
compatible telephones, employers can presume that their telephones are 
hearing aid compatible. Any person legitimately on the premises can 
challenge this presumption with a good faith request for a hearing aid 
compatible telephone. Upon receipt of such a request, the employer will 
have fifteen working days to replace any particular telephone that 
turns out not to be hearing aid compatible.
    For confined settings, the new rules require that establishments 
with fifty or more beds make their telephones hearing aid compatible by 
November 1, 1997, while those with fewer than fifty beds would have to 
comply by November 1, 1998. Telephones in all confined setting 
establishments would be exempt if alternate signalling devices were 
available, monitored and working, or if a resident brought in and 
maintained his or her own telephone equipment.
    The rules require that hotels and motels with eighty or more guest 
rooms to provide hearing aid compatible telephones by November 1, 1998, 
while those with fewer than eighty guest rooms have until November 1, 
1999 to do so. As of April 1, 1997, generally twenty percent of guest 
rooms must have telephones that are hearing aid compatible.
    The rules do not address wireless telephone hearing aid compatible 
issues, because those are being addressed by the Commission's Wireless 
Telecommunications Bureau.

Final Regulatory Flexibility Analysis

    Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 
Section 601, et seq., the Commission's final analysis in this R&O is as 
follows:
    1. Final Regulatory Analysis: As required by Section 603 of the 
Regulatory Flexibility Act, 5 U.S.C. Sec. 603 (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the NPRM. 
The Commission sought written public comments on the proposals in the 
NPRM, including on the IRFA. The Commission's Final Regulatory 
Flexibility Analysis (FRFA) in this R&O is as follows:
    a. Need for, and objectives of, this action. This R&O amends the 
Commission's rules to require that eventually all wireline telephones 
in workplaces, confined settings and hotels and motels be hearing aid 
compatible and have volume control. The R&O also requires that as of 
November 1, 1998 all wireline telephones manufactured or imported for 
use in the United States must have volume control. These actions are 
needed to provide greater access to the telephone network by persons 
with hearing disabilities, pursuant to the requirements of the Hearing 
Aid Compatibility Act of 1988 (HAC Act). The HAC Act directs the 
Commission to take affirmative and specific steps to increase such 
access. The objectives of these rules are to provide the needed greater 
access, while at the same time balancing the needs of establishments 
that must provide the hearing aid compatible and volume control 
telephones.
    b. Summary of significant issues raised by the public comments in 
response to the initial regulatory flexibility analysis. There were no 
comments submitted in direct response to the Regulatory Flexibility 
Analysis in the NPRM. In general comments on the NPRM, however, a 
number of commenters raised issues that might affect small entities. 
Several commenters stated that the Commission's proposed rules would 
duplicate the provisions of the Americans With Disabilities Act of 1990 
(ADA), or exceed the Commission's authority under the HAC Act, thus 
unnecessarily burdening establishments. A number of hotel and motel 
owners said the costs to replace telephones would be burdensome. One 
manufacturer said the volume control manufacturing requirement could 
cost ``millions of dollars'' in start-up costs. An association of 
manufacturers stated that the proposed one-year phase-in of the volume 
control manufacturing requirement was too short. Several organizations 
representing persons with hearing disabilities said that stamping the 
letters ``HAC'' on a telephone would be more informative than stamping 
the date of manufacture.
    c. Description and estimate of number of small businesses to which 
rules will apply. (1) The RFA generally defines the term ``small 
business'' as having the same meaning as the term ``small business 
concern'' under the Small Business Act, 15 U.S.C. Sec. 632. 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 Small Business Administration 
(SBA). Id. The RFA Small Business Regulatory Enforcement Fairness Act 
of 1996 (SBREFA) provisions also apply to nonprofit organizations and 
to governmental organizations.
    (2) The rules in this Report and Order apply to four industry 
categories: (a) workplaces; (b) confined settings, such as hospitals 
and nursing homes; (c) hotels and motels; and (d) importers and 
manufacturers of telephones for use in the United States. There is 
little overlap among these categories because the Commission's 
workplace rules affect workplace noncommon areas, while the rules that 
apply to confined settings and hotels and motels affect other than the 
workplaces of those establishments. Telephone manufacturers would be 
affected as workplaces, but separately affected by the requirement to 
affix the letters ``HAC'' to telephones and by the volume control 
manufacturing requirement. The determination of

[[Page 42183]]

whether or not an entity within these industry groups is small is made 
by the Small Business Administration (SBA). These standards also apply 
in determining whether an entity is a small business for purposes of 
the RFA.
    (3) Workplaces: Workplaces encompass establishments for profit and 
nonprofit, plus local, state and federal governmental entities. 
Establishments with fewer than fifteen employees generally would be 
excluded, because they are exempt from the Commission's new rules, 
except for the work station requirement. SBA guidelines to the SBREFA 
state that about 99.7 percent of all firms are small and have fewer 
than 500 employees and less than $25 million in sales or assets. There 
are approximately 6.3 million establishments in the SBA database. We 
estimate that our rules would affect fewer than 6.3 million 
establishments, because our rules exclude establishments with fewer 
than fifteen employees. However, we have not been able to determine 
what portion of the 6.3 million establishments have fewer than fifteen 
employees. The SBA data base does include nonprofit establishments, but 
it does not include governmental entities. SBREFA requires us to 
estimate the number of such entities with populations of less than 
50,000 that would be affected by our new rules. There are 85,006 
governmental entities in the nation. This number includes such entities 
as states, counties, cities, utility districts and school districts. 
There are no figures available on what portion of this number has 
populations of fewer than 50,000. However, this number includes 38,978 
counties, cities and towns, and of those, 37,566, or 96 percent, have 
populations of fewer than 50,000. The Census Bureau estimates that this 
ratio is approximately accurate for all governmental entities. Thus, of 
the 85,006 governmental entities, we estimate that 96 percent, or 
81,600, are small entities that would be affected by our rules.
    (4) Confined Settings: According to the SBA's regulations, nursing 
homes and hospitals must have annual gross receipts of $5 million or 
less in order to qualify as a small business concern. 13 CFR 
Sec. 121.201. There are approximately 11,471 nursing care firms in the 
nation, of which 7,953 have annual gross receipts of $5 million or 
less. There are approximately 3,856 hospital firms in the nation, of 
which 294 have gross receipts of $5 million or less. Thus, the 
approximate number of small confined setting entities to which the 
Commission's new rules will apply is 8,247.
    (5) Hotels and Motels: According to the SBA's regulations, hotels 
and motels must have annual gross receipts of $5 million or less in 
order to qualify as a small business concern. 13 CFR Sec. 121.201. 
There are approximately 34,671 hotel and motel firms in the United 
States. Of those, approximately 31,382 have gross receipts of $5 
million or less.
    (6) Telephone Manufacturers and Importers: According to the SBA's 
regulations, telephone apparatus firms must have 1,000 or fewer 
employees in order to qualify as a small business concern. 13 CFR 
Sec. 121.201. There are approximately 456 telephone apparatus firms in 
the nation. Figures are not available on how many of these firms have 
1,000 or fewer employees, but 401 of the firms have 500 or fewer 
employees. It is probable that the great bulk of the 456 firms have 
1,000 or fewer employees, and would be classified as small entities. In 
addition to telephone apparatus firms, there are approximately 12,654 
wholesale electronic parts and equipment firms in the nation. Many of 
these firms serve as importers of telephones. According to the SBA's 
regulations, wholesale electronic parts and equipment firms must have 
100 or fewer employees in order to qualify as a small business entity. 
13 CFR Sec. 121.201. Of the 12,654 firms, 12,161 have fewer than 100 
employees, and would be classified as small entities.
    d. Description of projected reporting, recordkeeping and other 
compliance requirements of the rules. (1) Reporting and Recordkeeping: 
This R&O involves three reporting requirements. First, as of April 1, 
1997, importers and manufacturers of telephones for use in the United 
States must stamp their telephones with the letters ``HAC.'' The 
potential respondents to this requirement are importers and 
manufactures of telephones for use in the United States. Second, until 
the rules for all workplace telephones go into effect, employers are 
required to designate certain hearing aid compatible telephones for 
emergency use. The potential respondents to this requirement are owners 
of workplaces with fifteen or more employees. Third, a Commission rule 
regarding packaging is amended to clarify that the type of hearing aid 
compatibility referred to is electro-magnetic coil compatibility. The 
potential respondents to this requirement are importers and 
manufacturers of telephones for use in the United States.
    (2) Other Compliance Requirements:
    (a) The rules adopted in this R&O require that as of certain dates, 
owners of workplaces, confined settings and hotels and motels provide 
telephones that have electro-magnetic coil hearing aid compatibility 
and volume control. These requirements will affect owners of 
workplaces, confined settings, and hotels and motels.
    (b) The rules also require importers and manufacturers of 
telephones for use in the United States to provide telephones with 
volume control, beginning November 1, 1998. These rules would affect 
small as well as large domestic manufacturers of telephones.
    e. Commission efforts to learn of, and respond to, the views of 
small business. In 1992 the Commission adopted rules requiring hearing 
aid compatible telephones in workplaces, confined settings and hotels 
and motels. As the time to implement the rules approached, businesses, 
including small businesses, stated that they were having difficulty 
implementing the rules. In response, the Commission suspended the rules 
in 1993. Subsequently, the Commission formed the nineteen-member 
Hearing Aid Compatibility Negotiated Rulemaking Committee. Among the 
Committee's membership were representatives of small business. Both the 
hotel and motel representatives (American Hotel and Motel Association) 
and the confined setting representatives (American Health Care 
Association) have many small members. In addition, the Tele-
Communications Association (now known as The Information Technology and 
Telecommunications Association, or ITTA), a broadly based end-users 
group, was a member. ITTA has approximately 1,000 members, including 
small entities as members.
    f. Commission efforts to minimize burdens on small business. (1) In 
applying the new rules, the Commission has sought to minimize any 
disproportionate burden on small entities. The workplace requirements, 
for example, generally exempt workplaces of fewer than fifteen 
employees. The Commission provided this exemption because small 
employers have smaller budgets, which can make installation of new 
telephones disproportionately more burdensome for those employers. This 
is the same coverage cutoff standard used in the ADA. In calculating 
the number of ``employees'' for purposes of compliance, the total 
employment force of an establishment, not the number of employees an 
employer may have at a particular site, is the determining factor. This 
distinction emphasizes that it is the overall size of the entity, not 
the circumstance of the deployment of its employees, that determines 
the impact of the Commission's requirements.

[[Page 42184]]

    (2) The Commission also took into account the needs of small 
entities in setting the compliance deadlines for workplaces. The 
Committee determined that the average useful life of a workplace 
telephone is seven years. Almost all telephones manufactured or 
imported for use in the United States since August 16, 1989 have had to 
be hearing aid compatible. Thus, at the present time, any workplace 
telephone is most likely to be hearing aid compatible. As a margin of 
flexibility, however, the Commission set the workplace compliance 
deadline for November 1, 2005 for telephones purchased between January 
1, 1985 through December 31, 1989, and November 1, 2000 for all other 
telephones. Even after those dates, small entities are allowed to 
exercise the rebuttable presumption, so that they do not have to test 
and replace their telephones. Before those dates, workplaces may use 
existing stored telephone inventories as replacements, subject to a 
rebuttable presumption. Thus, the stored inventories of small entities 
are not rendered obsolete.
    (3) The requirements for confined settings and hotels and motels 
also make distinctions in the size of establishment. Smaller 
establishments are given more time to comply. Confined setting 
establishments with fewer than fifty beds are given an extra year, 
until November 1, 1998, to comply, and hotels and motels with fewer 
than eighty rooms also are given an extra year, until November 1, 1999, 
to comply.
    (4) The Commission also took into account the needs of small 
entities in the terms of the volume control manufacturing requirement. 
The Commission had proposed, in the NPRM, a one-year deadline for this 
requirement, but after receiving comment from organizations 
representing large and small manufacturers, the Commission extended the 
period to two-years, until November 1, 1998, before compliance with the 
volume control rule is required. Similarly, the requirement that 
manufacturers affix the letters ``HAC'' to new telephones does not go 
into effect upon the effective date of the new rules, but six months 
later, on April 1, 1997. Current small manufacturer telephone 
inventories are not affected by this requirement.
    (5) Under Section 610(e) of the HAC Act, the Commission must 
consider the costs, as well as the benefits, of the proposed rules to 
all telephone users, including persons with and without hearing 
disabilities. In the NPRM, the Commission solicited comment on the 
costs to establishments of providing volume control and hearing aid 
compatible telephones. After reviewing the comments, the Commission 
concluded that the new rules will not impose significant additional 
costs on telephone users, manufacturers or establishments, and that any 
costs are significantly outweighed by the benefits to be achieved.
    g. Commission efforts to maximize benefits. Small entities will be 
among the beneficiaries of the Commission's new rules. Under the new 
rules, telephones in workplaces, confined settings and hotels and 
motels will be more accessible to persons with hearing disabilities. 
These changes may lead to new business for hotels and motels and 
confined settings, and workplaces may be able to hire better employees, 
since the pool of potential employees will be widened to include 
persons with hearing disabilities. In addition, the level of public 
safety will increase in all three settings, thereby benefitting both 
the business setting and the public at large. Telephones also will be 
easier to identify by installers, many of whom will be small entities, 
as hearing aid compatible, once they are stamped ``HAC.'' Finally, the 
volume control requirement probably will increase the consumer demand 
for volume control telephones, benefitting large and small 
manufacturers alike.
    h. Significant alternatives minimizing impact on small entities 
that were rejected. (1) The Commission considered not including within 
the purview of ``telephones provided for emergency use'' telephones in 
workplace non-common areas, telephones in confined settings and 
telephones in hotels and motels. However, the Commission concluded that 
given the nature of such settings, and the needs of persons in such 
settings, telephones in workplace noncommon areas, confined settings 
and hotels and motels should be considered telephones provided for 
emergency use. The Commission noted that persons with hearing 
disabilities are particularly vulnerable in confined settings and 
hotels and motels because the persons may be unfamiliar with the 
settings and isolated in the event of an emergency.
    (2) Similarly, the Commission considered not adding a requirement 
for volume control, but concluded that volume control should be 
required. The HAC Act defines telephone hearing aid compatibility as 
``an internal means for effective use with hearing aids,'' and the 
legislative history cites amplification, or volume control, as one such 
type of internal means. The Commission is obliged under the HAC Act to 
encourage the use of currently available technology in fulfilling the 
act's mandates. Through the conclusions of its advisory committee, the 
Hearing Aid Compatibility Negotiated Rulemaking Committee, the 
Commission determined that volume control is a currently available 
technology that would help give many persons with hearing disabilities 
increased access to the telephone network.
    i. Summary of paperwork, recordkeeping, and other compliance 
requirements for wireline telephones. (a) Paperwork requirements: As of 
April 1, 1997, importers and manufacturers of telephones for use in the 
United States must stamp their telephones with the letters ``HAC.'' 
Until the rules for all workplace telephones go into effect, employers 
are required to designate certain hearing aid compatible telephones for 
emergency use. A Commission rule regarding packaging is amended to 
clarify that the type of hearing aid compatibility referred to is 
electro-magnetic coil compatibility.
    (b) Recordkeeping requirements: NONE.
    (c) Other compliance requirements: As of the effective date of this 
order, telephones, including headsets, made available to an employee 
with a hearing disability for use by that employee in his or her 
employment duty shall be hearing aid compatible;
    As of the effective date of this order, newly purchased or 
replacement telephones in workplaces, confined settings and hotels and 
motels must be hearing aid compatible. In workplaces, if the 
replacement telephone is from inventory existing before the effective 
date of this order, any person may make a bona fide request that such 
telephone be hearing aid compatible, and, after November 1, 1998, have 
volume control.
    As of the effective date of this order, if a hotel or motel room is 
renovated or newly constructed, or the telephone in a hotel or motel 
room is replaced or substantially, internally repaired, the telephone 
must be hearing aid compatible.
    As of the effective date of this order, and until the applicable 
workplace dates of January 1, 2000 or 2005, workplaces of fifteen or 
more employees must provide and designate telephones for emergency use 
by employees with hearing disabilities by providing a hearing aid 
compatible telephone within a reasonable and accessible distance for an 
individual searching for a telephone from any point in the workplace, 
or by providing hearing aid compatible wireless telephones.

[[Page 42185]]

    As of April 1, 1997, the telephones in at least twenty percent of 
hotel and motel guest rooms must be hearing aid compatible.
    As of November 1, 1997 telephones (except telephones purchased and 
maintained by a resident for use in that resident's room, and except 
where a confined establishment has an alternate means of signalling 
life-threatening or emergency situations that is available, working and 
monitored) in confined settings with fifty or more beds must be hearing 
aid compatible;
    As of November 1, 1998, telephones (except telephones purchased and 
maintained by a resident for use in that resident's room, and except 
where a confined establishment has an alternate means of signalling 
life-threatening or emergency situations that is available, working and 
monitored) in confined settings with fewer than fifty beds must be 
hearing aid compatible;
    As of November 1, 1998, the telephones in hotels and motels with 
eighty or more guest rooms must be hearing aid compatible;
    As of November 1, 1998 telephones for use in the United States 
provided by importers and manufacturers must have volume control, and 
newly purchased and replacement telephones in workplaces, confined 
settings and hotels and motels must have volume control. In addition, 
in hotels and motels, where a hotel or motel room is renovated or newly 
constructed, or the telephone is replaced or substantially, internally 
repaired, the telephone in that room must have volume control.
    As of November 1, 1999, the telephones in hotels and motels with 
fewer than eighty guest rooms must be hearing aid compatible.
    As of November 1, 1999, where a hotel or motel uses telephones 
purchased during the period January 1, 1985 through December 31, 1989, 
the telephones in at least twenty-five percent of hotel and motel guest 
rooms must be hearing aid compatible.
    As of January 1, 2000, non-common area telephones (except headsets, 
and except for telephones purchased between January 1, 1985 and 
December 31, 1989, and except for telephones made available to an 
employee with a hearing disability under Section 68.112(b)(3)(A)) in 
workplace establishments of fifteen or more employees must be hearing 
aid compatible. There shall be a rebuttable presumption that, as of 
January 1, 2000, all such telephones located in the workplace are 
hearing aid compatible.
    As of January 1, 2001, where a hotel or motel uses telephones 
purchased during the period January 1, 1985 through December 31, 1989, 
the telephones in one hundred percent of hotel and motel guest rooms 
must be hearing aid compatible, if the hotel or motel has eighty or 
more guest rooms.
    As of January 1, 2004, where a hotel or motel uses telephones 
purchased during the period January 1, 1985 through December 31, 1989, 
the telephones in one hundred percent of hotel and motel guest rooms 
must be hearing aid compatible, if the hotel or motel has fewer than 
eighty guest rooms.
    As of January 1, 2005, non-common area telephones (except headsets, 
and except for telephones made available to an employee with a hearing 
disability under Section 68.112(b)(3)(A)) purchased between January 1, 
1985 and January 1, 1989 in workplace establishments of fifteen or more 
employees must be hearing aid compatible. There shall be a rebuttable 
presumption that, as of January 1, 2005, all such telephones located in 
the workplace are hearing aid compatible.
    j. Report to Congress. The Secretary shall send a copy of this 
Final Regulatory Flexibility Analysis along with this R&O in a report 
to Congress pursuant to Section 251 of the Small Business Regulatory 
Enforcement Fairness Act of 1996, codified at 5 U.S.C. Section 
801(a)(1)(A). A copy of this RFA will also be published in the Federal 
Register.

Ordering Clauses

    1. Accordingly, it is ordered that, pursuant to Sections 1, 4, 201-
205, 218, 220 and 610 of the Communications Act of 1934, as amended, 47 
U.S.C. Secs. 151, 154, 201-205, 218, 220, and 610, and 5 U.S.C. 
Secs. 552 and 553, this Report and Order is adopted, and Parts 64 and 
68 of the Commission's Rules are amended as set forth below.
    2. It is further ordered that the rule amendments set forth below 
shall be effective October 23, 1996.
    3. It is further ordered that the Emergency Request to Reinstate 
Enforcement of the Hearing Aid Compatibility Rules, dated May 12, 1993, 
by Alexander Graham Bell Association for the Deaf, et al, is dismissed.
    4. It is further ordered that, pursuant to Section 5(c)(1) of the 
Communications Act of 1934, as amended, 47 U.S.C. Sec. 155(c)(1), 
authority is delegated to the Chief, Common Carrier Bureau, to make 
minor changes, pursuant to the Administrative Procedure Act procedures, 
in the technical standards specified in Sections 68.316 and 68.317 of 
the rules, in order to incorporate minor changes made in the relevant 
industry standards.

List of Subjects

47 CFR Part 64

    Communications common carriers, Federal Communications Commission, 
Hearing aid compatibility, Individuals with disabilities, Telephone.

47 CFR Part 68

    Administrative practice and procedure, Communications common 
carriers, Communications equipment, Federal Communications Commission, 
Hearing aid compatibility, Incorporation by reference, Reporting and 
recordkeeping requirements, Telephone, Volume control.

Federal Communications Commission
Shirley Suggs,
Chief, Publications Branch.

Rule Changes

    Parts 64 and 68 of Title 47 of the Code of Federal Regulations are 
amended as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    1. The authority citation for Part 64 continues to read as follows:

    Authority: Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154, 
unless otherwise noted. Interpret or apply secs. 201, 218, 226, 228, 
48 Stat. 1070, as amended, 1077; 47 U.S.C. Secs. 201, 218, 226, 228, 
610 unless otherwise noted.

    2. Section 64.607 is revised to read as follows:


Sec. 64.607  Provision of hearing aid compatible telephones by exchange 
carriers.

    In the absence of alternative suppliers in an exchange area, an 
exchange carrier must provide a hearing aid compatible telephone, as 
defined in Sec. 68.316 of this chapter, and provide related 
installation and maintenance services for such telephones on a 
detariffed basis to any customer with a hearing disability who requests 
such equipment or services.

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

    1. The authority citation for Part 68 continues to read as follows:

    Authority: Secs. 1, 4, 5, 201-5, 208, 215, 218, 226, 227, 303, 
313, 314, 403, 404, 410, 602 of the Communications Act of 1934, as 
amended, 47 U.S.C. Secs. 151, 154, 155, 201-5, 208, 215, 218, 226, 
227, 303, 313, 314, 403, 404, 410, 602, 610.

    2. Section 68.3 is amended by adding the following definition in 
alphabetical order to read as follows:

[[Page 42186]]

Sec. 68.3  Definitions.

* * * * *
    Hearing aid compatible: Except as used at Secs. 68.4(a)(3) and 
68.414, 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.
* * * * *
    3. Section 68.4 is amended by revising paragraphs (a)(1) and (a)(2) 
to read as follows:


Sec. 68.4  Hearing aid compatible telephones.

    (a)(1) Except for telephones used with public mobile services, 
telephones used with private radio services, and cordless and secure 
telephones, every telephone manufactured in the United States (other 
than for export) or imported for use in the United States after August 
16, 1989, must be hearing aid compatible, as defined in Sec. 68.316. 
Every cordless telephone manufactured in the United States (other than 
for export) or imported into the United States after August 16, 1991, 
must be hearing aid compatible, as defined in Sec. 68.316.
    (2) Unless otherwise stated and except for telephones used with 
public mobile services, telephones used with private radio services and 
secure telephones, every telephone listed in Sec. 68.112 must be 
hearing aid compatible, as defined in Sec. 68.316.
* * * * *
    4. A new Section 68.6 is added to read as follows:


Sec. 68.6  Telephones with volume control.

    As of November 1, 1998, all telephones, including cordless 
telephones, as defined in Sec. 15.3(j) of this chapter, manufactured in 
the United States (other than for export) or imported for use in the 
United States, must have volume control in accordance with Sec. 68.317. 
Secure telephones, as defined by Sec. 68.3, are exempt from this 
section, as are telephones used with public mobile services or private 
radio services.
    5. Section 68.112 is amended by revising paragraphs (b)(1), (b)(3), 
(b)(4), (b)(5) and (c), and adding paragraph (b)(6), as follows:


Sec. 68.112  Hearing aid compatibility.

* * * * *
    (b) * * *
    (1) Telephones, except headsets, in places where a person with a 
hearing disability might be isolated in an emergency, including, but 
not limited to, elevators, highways, and tunnels for automobile, 
railway or subway, and workplace common areas.
    Note to paragraph (b)(1): Examples of workplace common areas 
include libraries, reception areas and similar locations where 
employees are reasonably expected to congregate.
* * * * *
    (3) Telephones, except headsets, in workplace non-common areas. 
Note: Examples of workplace non-common areas include private enclosed 
offices, open area individual work stations and mail rooms. Such non-
common area telephones are required to be hearing aid compatible, as 
defined in Sec. 68.316, by January 1, 2000, except for those telephones 
located in establishments with fewer than fifteen employees; and those 
telephones purchased between January 1, 1985 through December 31, 1989, 
which are not required to be hearing aid compatible, as defined in 
Sec. 68.316, until January 1, 2005.
    (i) Telephones, including headsets, made available to an employee 
with a hearing disability for use by that employee in his or her 
employment duty, shall, however, be hearing aid compatible, as defined 
in Sec. 68.316.
    (ii) As of January 1, 2000 or January 1, 2005, whichever date is 
applicable, there shall be a rebuttable presumption that all telephones 
located in the workplace are hearing aid compatible, as defined in 
Sec. 68.316. Any person who identifies a telephone as non-hearing aid-
compatible, as defined in Sec. 68.316, may rebut this presumption. Such 
telephone must be replaced within fifteen working days with a hearing 
aid compatible telephone, as defined in Sec. 68.316, including, as of 
November 1, 1998, with volume control, as defined in Sec. 68.317.
    (iii) Telephones, not including headsets, except those headsets 
furnished under paragraph (b)(3)(i) of this section, that are 
purchased, or replaced with newly acquired telephones, must be:
    (A) Hearing aid compatible, as defined in Sec. 68.316, after 
October 23, 1996; and
    (B) Including, as of November 1, 1998, with volume control, as 
defined in Sec. 68.317.
    (iv) When a telephone under paragraph (b)(3)(iii) of this section 
is replaced with a telephone from inventory existing before October 23, 
1996, any person may make a bona fide request that such telephone be 
hearing aid compatible, as defined in Sec. 68.316. If the replacement 
occurs as of November 1, 1998, the telephone must have volume control, 
as defined in Sec. 68.317. The telephone shall be provided within 
fifteen working days.
    (v) During the period from October 23, 1996, until the applicable 
date of January 1, 2000 or January 1, 2005, workplaces of fifteen or 
more employees also must provide and designate telephones for emergency 
use by employees with hearing disabilities through one or more of the 
following means:
    (A) By having at least one coin-operated telephone, one common area 
telephone or one other designated hearing aid compatible telephone 
within a reasonable and accessible distance for an individual searching 
for a telephone from any point in the workplace; or
    (B) By providing wireless telephones that meet the definition for 
hearing aid compatible for wireline telephones, as defined in 
Sec. 68.316, for use by employees in their employment duty outside 
common areas and outside the offices of employees with hearing 
disabilities.
    (4) All credit card operated telephones, whether located on public 
property or in a semipublic location (e.g. drugstore, gas station, 
private club), unless a hearing aid compatible (as defined in 
Sec. 68.316) coin-operated telephone providing similar services is 
nearby and readily available. However, regardless of coin-operated 
telephone availability, all credit card operated telephones must be 
made hearing aid-compatible, as defined in Sec. 68.316, when replaced, 
or by May 1, 1991, which ever comes sooner.
    (5) Telephones needed to signal life threatening or emergency 
situations in confined settings, including but not limited to, rooms in 
hospitals, residential health care facilities for senior citizens, and 
convalescent homes:
    (i) A telephone that is hearing aid compatible, as defined in 
Sec. 68.316, is not required until:
    (A) November 1, 1997, for establishments with fifty or more beds, 
unless replaced before that time; and
    (B) November 1, 1998, for all other establishments with fewer than 
fifty beds, unless replaced before that time.
    (ii) Telephones that are purchased, or replaced with newly acquired 
telephones, must be:
    (A) Hearing aid compatible, as defined in Sec. 68.116, after 
October 23, 1996;
    (B) Including, as of November 1, 1998, with volume control, as 
defined in Sec. 68.317.
    (iii) Unless a telephone in a confined setting is replaced pursuant 
to paragraph (b)(5)(ii) of this section, a hearing aid compatible 
telephone shall not be required if:

[[Page 42187]]

    (A) A telephone is both purchased and maintained by a resident for 
use in that resident's room in the establishment; or
    (B) The confined setting has an alternative means of signalling 
life-threatening or emergency situations that is available, working and 
monitored.
    (6) Telephones in hotel and motel guest rooms, and in any other 
establishment open to the general public for the purpose of overnight 
accommodation for a fee. Such telephones are required to be hearing aid 
compatible, as defined in Sec. 68.316, except that, for establishments 
with eighty or more guest rooms, the telephones are not required to be 
hearing aid compatible, as defined in Sec. 68.316, until November 1, 
1998; and for establishments with fewer than eighty guest rooms, the 
telephones are not required to be hearing aid compatible, as defined in 
Sec. 68.316, until November 1, 1999.
    (i) Anytime after October 23, 1996, if a hotel or motel room is 
renovated or newly constructed, or the telephone in a hotel or motel 
room is replaced or substantially, internally repaired, the telephone 
in that room must be:
    (A) Hearing aid compatible, as defined in Sec. 68.316, after 
October 23, 1996;
    (B) Including, as of November 1, 1998, with volume control, as 
defined in Sec. 68.317.
    (ii) The telephones in at least twenty percent of the guest rooms 
in a hotel or motel must be hearing aid compatible, as defined in 
Sec. 68.316, as of April 1, 1997.
    (iii) Notwithstanding the requirements of paragraph (b)(6) of this 
section, hotels and motels which use telephones purchased during the 
period January 1, 1985 through December 31, 1989 may provide telephones 
that are hearing aid compatible, as defined in Sec. 68.316, in guest 
rooms according to the following schedule:
    (A) The telephones in at least twenty percent of the guest rooms in 
a hotel or motel must be hearing aid compatible, as defined in 
Sec. 68.316, as of April 1, 1997;
    (B) The telephones in at least twenty-five percent of the guest 
rooms in a hotel or motel must be hearing aid compatible, as defined in 
Sec. 68.316, by November 1, 1999; and
    (C) The telephones in one-hundred percent of the guest rooms in a 
hotel or motel must be hearing aid compatible, as defined in 
Sec. 68.316, by January 1, 2001 for establishments with eighty or more 
guest rooms, and by January 1, 2004 for establishments with fewer than 
eighty guest rooms.
    (c) Telephones frequently needed by the hearing impaired. Closed 
circuit telephones, i.e., telephones which cannot directly access the 
public switched network, such as telephones located in lobbies of 
hotels or apartment buildings; telephones in stores which are used by 
patrons to order merchandise; telephones in public transportation 
terminals which are used to call taxis or to reserve rental 
automobiles, need not be hearing aid compatible, as defined in 
Sec. 68.316, until replaced.
    6. Section 68.224 is amended by revising paragraph (a) to read as 
follows:


Sec. 68.224  Notice of non-hearing aid compatibility.

* * * * *
    (a) Contain in a conspicuous location on the surface of its 
packaging a statement that the telephone is not hearing aid compatible, 
as is defined in Secs. 68.4(a)(3) and 68.316, 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 Secs. 68.4(a)(3) and 68.316; and
* * * * *
    7. Section 68.300 is amended by adding a new paragraph (c) to read 
as follows:


Sec. 68.300  Labelling requirements.

* * * * *
    (c) As of April 1, 1997, all registered telephones, including 
cordless telephones, as defined in Sec. 15.3(j) of this chapter, 
manufactured in the United States (other than for export) or imported 
for use in the United States, that are hearing aid compatible, as 
defined in Sec. 68.316, shall have the letters ``HAC'' permanently 
affixed thereto. ``Permanently affixed'' shall be defined as in 
Sec. 68.300(b)(5). Telephones used with public mobile services or 
private radio services, and secure telephones, as defined by Sec. 68.3, 
are exempt from this requirement.
    8. Section 68.316 is amended by revising the section heading and 
the introductory paragraph to read as follows:


Sec. 68.316  Hearing aid compatibility magnetic field intensity 
requirements: technical standards.

    A telephone handset is hearing aid compatible for the purposes of 
this section if it complies with the following standard, published by 
the Telecommunications Industry Association, copyright 1983, and 
reproduced by permission of the Telecommunications Industry 
Association:
* * * * *
    9. A new Section 68.317 is added to read as follows:


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

    (a) An analog telephone complies with the Commission's volume 
control requirements if the telephone is equipped with a receive volume 
control that provides, through the receiver in the handset or headset 
of the telephone, 12 dB of gain minimum and up to 18 dB of gain 
maximum, when measured in terms of Receive Objective Loudness Rating 
(ROLR), as defined in paragraph 4.1.2 of ANSI/EIA-470-A-1987 (Telephone 
Instruments With Loop Signaling) . The 12 dB of gain minimum must be 
achieved without significant clipping of the test signal. The telephone 
also shall comply with the upper and lower limits for ROLR given in 
Table 4.4 of ANSI/EIA-470-A-1987 when the receive volume control is set 
to its normal unamplified level.

    Note to paragraph (a): Paragraph 4.1.2 of ANSI/EIA-470-A-1987 
identifies several characteristics related to the receive response 
of a telephone. It is only the normal unamplified ROLR level and the 
change in ROLR as a function of the volume control setting that are 
relevant to the specification of volume control as required by this 
section.

    (b) The ROLR of an analog telephone shall be determined over the 
frequency range from 300 to 3300 HZ for short, average, and long loop 
conditions represented by 0, 2.7, and 4.6 km of 26 AWG nonloaded cable, 
respectively. The specified length of cable will be simulated by a 
complex impedance. (See Figure A.) The input level to the cable 
simulator shall be -10 dB with respect to 1 V open circuit from a 900 
ohm source.
    (c) A digital telephone complies with the Commission's volume 
control requirements if the telephone is equipped with a receive volume 
control that provides, through the receiver of the handset or headset 
of the telephone, 12 dB of gain minimum and up to 18 dB of gain 
maximum, when measured in terms of Receive Objective Loudness Rating 
(ROLR), as defined in paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 
(Acoustic-To-Digital and Digital-To-Acoustic Transmission Requirements 
for ISDN Terminals). The 12 dB of gain minimum must be achieved without 
significant clipping of the test signal. The telephone also shall 
comply with the limits on the range for ROLR given in paragraph 4.3.2.2 
of ANSI/EIA/TIA-579-1991 when the receive volume

[[Page 42188]]

control is set to its normal unamplified level.
    (d) The ROLR of a digital telephone shall be determined over the 
frequency range from 300 to 3300 Hz using the method described in 
paragraph 4.3.2.1 of ANSI/EIA/TIA-579-1991. No variation in loop 
conditions is required for this measurement since the receive level of 
a digital telephone is independent of loop length.
    (e) The ROLR for either an analog or digital telephone shall first 
be determined with the receive volume control at its normal unamplified 
level. The minimum volume control setting shall be used for this 
measurement unless the manufacturer identifies a different setting for 
the nominal volume level. The ROLR shall then be determined with the 
receive volume control at its maximum volume setting. Since ROLR is a 
loudness rating value expressed in dB of loss, more positive values of 
ROLR represent lower receive levels. Therefore, the ROLR value 
determined for the maximum volume control setting should be subtracted 
from that determined for the nominal volume control setting to 
determine compliance with the gain requirement.
    (f) The 18 dB of receive gain may be exceeded provided that the 
amplified receive capability automatically resets to nominal gain when 
the telephone is caused to pass through a proper on-hook transition in 
order to minimize the likelihood of damage to individuals with normal 
hearing.
    (g) These incorporations by reference of paragraph 4.1.2 (including 
Table 4.4) of American National Standards Institute (ANSI) Standard 
ANSI/EIA-470-A-1987 and paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 were 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR Part 51. Copies of these publications may be 
purchased from the American National Standards Institute (ANSI), Sales 
Department, 11 West 42nd Street, 13th Floor, New York, NY 10036, (212) 
642-4900. Copies also may be inspected during normal business hours at 
the following locations: Federal Communications Commission, 2000 M 
Street, N.W., Public Reference Room, Room 220, Washington, D.C. 20554; 
and Office of the Federal Register, 800 N. Capitol Street, N.W., suite 
700, Washington, D.C.

BILLING CODE 6712-01-P

[[Page 42189]]

[GRAPHIC] [TIFF OMITTED] TR14AU96.000



[FR Doc. 96-20705 Filed 8-13-96; 8:45 am]
BILLING CODE 6712-01-C