[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43323-43325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14613]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[WT Docket No. 01-309; FCC 05-122]


Hearing Aid-Compatible Telephones

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission grants in part and denies in 
part petitions for reconsideration of the Hearing Aid Compatibility 
Order, which lifted the blanket exemption for digital wireless 
telephones under the Hearing Aid Compatibility Act of 1988 (HAC Act). 
The Commission's actions, as reflected in this document, further ensure 
that every American has access to the benefits of digital wireless 
telecommunications, including individuals with hearing disabilities.

DATES: Effective August 26, 2005.

FOR FURTHER INFORMATION CONTACT: Andra Cunningham, 
[email protected], Public Safety and Critical Infrastructure 
Division, Wireless Telecommunications Bureau, (202) 418-1630 or TTY 
(202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Order on Reconsideration FCC 05-122, 
adopted on June 9, 2005 and released on June 21, 2005. The full text of 
this document is available for inspection and copying during normal 
business hours in the FCC Reference Information Center, 445 12th 
Street, SW., Washington, DC 20554. The complete text may be purchased 
from the Commission's copy contractor, Best Copy and Printing, Inc., 
445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request 
materials in accessible formats for people with disabilities (braille, 
large print, electronic files, audio format), send an e-mail to 
[email protected] or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (tty).
    1. On August 14, 2003, the Commission released the Hearing Aid 
Compatibility Order, finding, among other things, that the statutory 
criteria to lift the exemption for wireless telephones had been met. 
Specifically, the Commission determined that continuation of Congress' 
exemption for wireless telephones would have an adverse effect on 
individuals with hearing disabilities, and that revoking the exemption 
was technologically feasible and in the public interest. The Commission 
further determined that compliance with hearing aid compatibility 
requirements ``would not increase the costs of [wireless] phones to 
such an extent that they could not be successfully marketed.''
    2. Based upon these findings, the Commission established 
requirements for hearing aid compatibility of digital wireless phones. 
First, the Commission adopted the ANSI C63.19 performance levels as the 
applicable technical standard. Second, the Commission established 
specific, phased-in

[[Page 43324]]

deployment benchmarks for digital wireless handset manufacturers, 
wireless carriers and service providers offering digital wireless 
services. Third, the Commission implemented a framework for labeling 
and live, in-store consumer testing of digital wireless handsets, as 
well as an obligation to report on handset deployment progress. Fourth, 
the Commission adopted a de minimis exception, which relieves wireless 
carriers, service providers and handset manufacturers that offer two or 
fewer digital wireless handsets in the United States from the hearing 
aid compatibility compliance obligations. Finally, consistent with the 
requirements set forth in the HAC Act, the Commission expanded the 
scope of its rules for enforcing wireline hearing aid compatibility to 
permit subscribers to digital wireless services to file informal 
complaints in the event that handset manufacturers or wireless service 
providers fail to comply with the hearing aid compatibility rules.
    3. The Commission received four petitions for reconsideration in 
response to the Hearing Aid Compatibility Order. The petitions sought 
reconsideration, clarification, or both, of the Commission's decisions 
to: (a) Adopt the ANSI C63.19 technical standard for hearing aid 
compatibility; (b) establish a preliminary deployment benchmark 
exclusive to Tier I wireless carriers; (c) establish a fifty percent 
handset deployment benchmark; (d) require labeling and live, in-store 
consumer testing of digital wireless handset models; (e) impose 
compliance reporting obligations; (f) institute deployment benchmarks 
for wireless carriers employing a TDMA air interface; (g) adopt a de 
minimis exception for digital wireless carriers, service providers and 
handset manufacturers; and (h) delegate authority to enforce hearing 
aid compatibility of wireless phones to the states.
    4. The Order on Reconsideration, that is the subject of this 
document, grants in part and denies in part the petitions for 
reconsideration of the Hearing Aid Compatibility Order. In the Order on 
Reconsideration, the Commission takes the following actions:
    (a) We affirm the Hearing Aid Compatibility Order as follows:
     The American National Standards Institute (ANSI) standard, 
ANSI C63.19, ``American National Standard for Methods of Measurement of 
Compatibility between Wireless Communication Devices and Hearing Aids, 
ANSI C63.19-2001,'' is an appropriate established technical standard. 
We also affirm the Commission's determination that ANSI C63.19 should 
not be transformed from a performance measurement standard to a build-
to standard.
     We affirm the Commission's authority to establish the 
preliminary handset deployment benchmark specific to Tier I wireless 
carriers, and we modify the requirement in order to provide greater 
certainty while not adversely affecting hearing impaired individuals' 
access to compatible phones. Specifically, we modify Sec.  20.19(c) of 
the Commission's rules on hearing aid compatible mobile handsets to 
require that, by September 16, 2005, each Tier I wireless carrier 
offering digital wireless services must make available to consumers, 
per air interface, four U3-rated handsets, or twenty-five percent of 
the total number of handsets it offers nationwide; and that, by 
September 16, 2006, each Tier I wireless carrier offering digital 
wireless services must make available to consumers, per air interface, 
five U3-rated handsets, or twenty-five percent of the total number of 
handsets it offers nationwide.
     We affirm the basis of the Commission's determination 
that, by February 18, 2008, fifty percent of all handsets offered by 
digital wireless carriers, service providers and handset manufacturers 
must meet the U3 hearing aid compatibility requirement for each air 
interface offered.
     We affirm the requirements established by the Commission 
for labeling and in-store consumer testing of digital wireless 
handsets. We also find that modifying the obligation to report on 
handset deployment progress, as suggested by some parties, would 
disserve our objective of having the information necessary to determine 
compliance with the hearing aid compatibility rules.
    (b) We modify Sec.  20.19(c) of the Commission's rules on hearing 
aid compatible mobile handsets in response to a petition from wireless 
carriers operating TDMA networks and overbuilding them to employ 
alternative air interfaces. These carriers will be considered compliant 
with the September 16, 2005, preliminary handset deployment benchmark 
if they: (1) Offer two hearing aid-compatible handset models to 
customers that receive service from the overbuilt (i.e., non-TDMA) 
portion of the network, (2) are overbuilding (i.e., replacing) their 
entire network, and (3) complete the overbuild by September 18, 2006.
    (c) We clarify the Hearing Aid Compatibility Order with respect to 
the following points:
     The de minimis exception, which exempts from the hearing 
aid compatibility requirements wireless carriers, service providers and 
handset manufacturers that offer two or fewer digital wireless handset 
models, applies on a per air interface basis, rather than across an 
entire product line.
     The Commission properly delegated authority to the states 
to enforce the rules governing the hearing aid compatibility of digital 
wireless handsets in cases where the states have adopted these rules 
and provide for enforcement. We clarify, however, that the Commission 
retains exclusive jurisdiction over the technical standards for hearing 
aid compatibility.

II. Procedural Matters

A. Paperwork Reduction Act Analysis

    5. The document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law No. 104-13. Therefore, it does not contain any new or 
modified ``information collection burden for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506 
(c)(4).

B. Final Regulatory Flexibility Certification

    6. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared a Final Regulatory 
Flexibility Certification of the possible impact on small entities of 
the proposals in the Order on Reconsideration. Pursuant to the RFA, a 
Final Regulatory Flexibility Analysis (FRFA) was incorporated into the 
Hearing Aid Compatibility Notice.
    7. The instant Order on Reconsideration modifies Sec.  20.19(c) of 
the Commission's rules on hearing-aid compatible mobile handsets in 
response to a petition from wireless carriers operating TDMA networks 
and overbuilding them to employ alternative air interfaces. These 
carriers will be considered compliant with the September 16, 2005, 
preliminary handset deployment benchmark if they: (1) Offer two hearing 
aid-compatible handset models to customers that receive service from 
the overbuilt (i.e., non-TDMA) portion of the network, (2) are 
overbuilding (i.e., replacing) their entire network, and (3) complete 
the overbuild by September 18, 2006.
    8. Therefore, because we find the action taken in the instant Order 
on Reconsideration amounts to an exception and maintains the status quo 
for affected entities for a period of approximately one year, and that 
any

[[Page 43325]]

impact overall is positive, we certify that the action described will 
not result in a significant economic impact on a substantial number of 
small entities.
    9. Further, we certify that our decision to modify the preliminary 
handset deployment benchmark for Tier I wireless carriers will not have 
a significant economic impact on a substantial number of small 
entities. Tier I wireless carriers are not small.
    10. The Commission will send a copy of the Order on 
Reconsideration, including a copy of this Final Regulatory Flexibility 
Certification, in a report to Congress pursuant to the Congressional 
Review Act. In addition, the Order on Reconsideration and this final 
certification will be sent to the Chief Counsel for Advocacy of the 
SBA.

III. Ordering Clauses

    11. Pursuant to the authority of sections 1, 4(i), 7, 10, 201, 202, 
208, 214, 301, 302, 303, 308, 309(j), 310, and 710 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 157, 
160, 201, 202, 208, 214, 301, 302, 303, 308, 309(j), 310, and 610, this 
Order on Reconsideration is adopted.
    12. It is further ordered that the amendment of the Commission's 
rules, 47 CFR part 20, as specified in Appendix B of the Order on 
Reconsideration are effective, August 26, 2005.
    13. It is further ordered that the petition for reconsideration of 
the Hearing Aid Compatibility Order filed by the Cellular 
Telecommunications and Internet Association is granted in part and 
denied in part to the extent set forth herein.
    14. It is further ordered that the petition for reconsideration of 
the Hearing Aid Compatibility Order filed by Verizon Wireless is 
granted in part and denied in part to the extent set forth herein.
    15. It is further ordered that the petition for reconsideration of 
the Hearing Aid Compatibility Order filed by Research in Motion Limited 
is granted to the extent set forth herein.
    16. It is further ordered that the petition for reconsideration of 
the Hearing Aid Compatibility Order filed by the TDMA Carriers (Public 
Service Cellular Inc., Missouri RSA No. 7 Limited Partnership dba Mid 
Missouri Cellular; Minnesota Southern Wireless Company dba Hickory 
Tech, Northwest Missouri Cellular Limited Partnership, Illinois Valley 
Cellular RSA 2-1 Limited Partnership, Illinois Valley Cellular 2-II 
Limited Partnership and Illinois Valley RSA 2-III Limited Partnership) 
and Rural Telecommunications Group and is granted in part to the extent 
set forth herein.
    17. It is further ordered that the Commission's Consumer 
Information Bureau, Reference Information Center, shall send a copy of 
the Order on Reconsideration and the Final Regulatory Flexibility 
Certification to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 20

    Communications common carriers.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 20 as follows:

PART 20--COMMERCIAL MOBILE RADIO SERVICES

0
1. The authority citation for part 20 continues to read as follows:

    Authority: 47 U.S.C. 154, 160, 201, 251-254, 303, and 332 unless 
otherwise noted.


0
2. Section 20.19 is amended by adding paragraph (b)(4) and by revising 
paragraphs (c)(2) and (c)(3)(i) to read as follows:


Sec.  20.19  Hearing aid-compatible mobile handsets.

* * * * *
    (b) * * *
    (4) All factual questions of whether a wireless phone meets the 
technical standard of this subsection shall be referred for resolution 
to Chief, Office of Engineering and Technology, Federal Communications 
Commission, 445 12th Street SW., Washington, DC 20554.
    (c) * * *
    (2) And each provider of public mobile radio services must:
    (i)(A) Include in its handset offerings at least two handset models 
per air interface that comply with Sec.  20.19(b)(1) by September 16, 
2005, and make available in each retail store owned or operated by the 
provider all of these handset models for consumers to test in the 
store; or
    (B) In the event a provider of public mobile radio services is 
using a TDMA air interface and plans to overbuild (i.e., replace) its 
network to employ alternative air interface(s), it must:
    (1) Offer two handset models that comply with Sec.  20.19(b)(1) by 
September 16, 2005, to its customers that receive service from the 
overbuilt (i.e., non-TDMA) portion of its network, and make available 
in each retail store it owns or operates all of these handset models 
for consumers to test in the store:
    (2) Overbuild (i.e., replace) its entire network to employ 
alternative air interface(s), and
    (3) Complete the overbuild by September 18, 2006; and
    (ii) Ensure that at least 50 percent of its handset models for each 
air interface comply with Sec.  20.19(b)(1) by February 18, 2008, 
calculated based on the total number of unique digital wireless handset 
models the carrier offers nationwide.
    (3) * * *
    (i)(A) Include in its handset offerings four digital wireless 
handset models per air interface or twenty-five percent of the total 
number of digital wireless handset models offered by the carrier 
nationwide (calculated based on the total number of unique digital 
wireless handset models the carrier offers nationwide) per air 
interface that comply with Sec.  20.19(b)(1) by September 16, 2005, and 
make available in each retail store owned or operated by the carrier 
all of these handset models for consumers to test in the store; and
    (B) Include in its handset offerings five digital wireless handset 
models per air interface or twenty-five percent of the total number of 
digital wireless handset models offered by the carrier nationwide 
(calculated based on the total number of unique digital wireless 
handset models the carrier offers nationwide) per air interface that 
comply with Sec.  20.19(b)(1) by September 16, 2006, and make available 
in each retail store owned or operated by the carrier all of these 
handset models for consumers to test in the store; and
* * * * *
[FR Doc. 05-14613 Filed 7-26-05; 8:45 am]
BILLING CODE 6712-01-P