[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