[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Proposed Rules]
[Pages 70407-70409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28494]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20
[WT Docket No. 10-254: DA 12-1745]
Updated Information and Comment Sought on Review of Hearing Aid
Compatibility Regulations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Wireless Telecommunications Bureau
(Bureau) seeks updated comment on the operation and effectiveness of
the Commission's rules relating to hearing aid compatibility of
wireless handsets. The Bureau seeks updated comment on whether, in
light of technological and market developments, the Commission's
deployment benchmarks continue to ensure that hearing aid-compatible
handsets are available to all consumers. Additionally, the Bureau asks
for current information on whether the rules have succeeded in making
hearing aid-compatible phones available to consumers with a full range
of different feature sets, and whether the rules appropriately account
for the challenges facing smaller service providers.
DATES: Comments due on or before December 26, 2012.
ADDRESSES: You may submit comments, identified by WT Docket No. 10-254,
by any of the following methods:
[ssquf] Federal Communications Commission's Web Site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
[ssquf] Mail.
[ssquf] People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FUTHER INFORMATION CONTACT: Jennifer Flynn, Spectrum & Competition
Policy Division, Wireless Telecommunications Bureau, (202) 418-0612 or
by email [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice in WT Docket No. 10-254, DA 12-1745, released November 1, 2012.
The full text of the Public Notice is available for public inspection
and copying during business hours in the FCC Reference Information
Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC
20554. Copies may be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc. (BCPI), 445 12th Street SW.,
Room CY-B402, Washington, DC 20554, 202-488-5300 or 800-378-3160
(voice), 202-488-5562 (TTY), 202-488-5563 (fax), or you may contact
BCPI at its Web site: http://www.BCPIWEB.com. When ordering documents
from BCPI, please provide the appropriate FCC document number, for
example, DA 12-1745. The Updated Information and Comment Sought on
Review of Hearing Aid Compatibility Regulations Public Notice is
available on the Internet at the Commission's Web site at http://www.fcc.gov/document/hearing-aid-compatibility-review-additional-comments-sought and related documents are also available by using the
search function for WT Docket No. 10-254 on the Commission's Electronic
Comment Filing System (ECFS) Web page at http://apps.fcc.gov/ecfs/. To
request information in accessible formats (computer diskettes, large
print, audio recording, and Braille), send an email to [email protected]
or call the FCC's Consumer and Governmental Affairs Bureau at 202-418-
0530 (voice) or 202-418-0432 (TTY).
Summary
1. By the Public Notice, the Wireless Telecommunications Bureau
(Bureau) seeks updated comment on the operation and effectiveness of
the Commission's rules relating to hearing aid compatibility of
wireless handsets, found at 47 CFR 20.19. In December 2010, the Bureau
issued a public notice to initiate a comprehensive review of the
wireless hearing aid compatibility regulations (2010 Review PN), 76 FR
2625, January 14, 2011. Due to intervening market, technical, and
regulatory developments since the 2010 Review PN, the Bureau seeks
updated and additional comment on these matters.
Background
2. In the Hearing Aid Compatibility Policy Statement and Second
Report and Order released on August 5, 2010, 75 FR 54508, Sept. 8,
2010, the Commission reiterated its intention, first stated in 2008, to
initiate a review of the hearing aid compatibility rules for digital
wireless services and handsets in 2010. Shortly thereafter, on October
8, 2010, the Twenty-first Century Communications and Video
Accessibility Act of 2010 (CVAA, Pub. L. 111-260) became law, ensuring
that individuals with disabilities have access to emerging Internet
Protocol-based communications and video programming technologies in the
21st Century. Among other provisions, the CVAA extended hearing aid
compatibility requirements to customer premises equipment ``used with
advanced communications services that is designed to provide 2-way
voice communications via a built-in speaker intended to be held to the
ear in a manner functionally equivalent to a telephone.'' The CVAA
preserved the exemption of mobile handsets from the requirement that
all telephones be hearing aid-compatible, while maintaining the
Commission's authority to revoke or limit such exemption.
3. In December 2010, the Bureau released the 2010 Review PN, which
sought comment on numerous questions relating to the operation of the
current hearing aid compatibility rules and their success in making a
broad selection of wireless phones accessible to people who use hearing
aids and cochlear implants, as well as in making information about
those phones available to the public. In particular, the 2010 Review PN
sought comment on several substantive issues.
4. First, the Bureau sought comment on the availability of hearing
aid-compatible handsets. Specifically, the Bureau requested comment on
whether the Commission's deployment benchmarks appropriately ensure
that hearing aid-compatible handsets are available to all consumers.
The Bureau also asked whether the rules have succeeded in making
hearing aid-compatible phones available to consumers with a full range
of different feature sets, and whether the rules appropriately account
for the challenges facing smaller service providers. In addition, the
Bureau requested comment on whether the M3 and T3 technical standards
contained in American National Standards Institute Technical Standard
C63.19 (ANSI Standard C63.19), which is incorporated in the
Commission's rules,
[[Page 70408]]
appropriately ensure that users of hearing aids and cochlear implants
will be able to access wireless communications.
5. The Bureau also sought comment on whether sufficient information
about hearing aid-compatible phones is being made available to the
Commission and the public. In particular, the Bureau asked whether the
Commission's reporting system is collecting appropriate information in
an efficient way, and whether that information is being made available
to the public in an accessible manner. The Bureau further sought
comment on whether manufacturers' and service providers' Web sites are
providing useful and accessible information, whether point-of-sale and
packaging disclosures are appropriately informing consumers, and
whether the in-store testing requirement is effective. The Bureau also
asked what actions the Commission might take to provide better
information to consumers with hearing loss who obtain handsets from
sources other than service providers.
6. The Bureau also sought comment on technical issues.
Specifically, the Bureau asked whether additional measures are needed
to facilitate acoustic coupling compatibility. The Bureau asked about
the effects on hearing aid compatibility of display screens, wireless
headsets, and simultaneous transmission capabilities in handsets. The
Bureau also asked what actions the Commission might take to facilitate
better interoperability of hearing aids and cochlear implants with
handsets.
7. In addition, the Bureau sought comment about the state of
innovation in solutions to enable people with hearing loss to access
wireless technology and whether the Commission's rules appropriately
facilitate such innovation, investment, and competition. Finally, the
Bureau asked what the Commission should do to promote collaboration
among consumers with hearing loss, the communications industry, and the
hearing aid industry.
8. On April 9, 2012, the Bureau and the Office of Engineering and
Technology released the Hearing Aid Compatibility Third Report and
Order, 77 FR 41919, July 17, 2012, which adopted the 2011 revision of
ANSI Standard C63.19 as an applicable technical standard for evaluating
the hearing aid compatibility of wireless phones. The 2011 ANSI
Standard expands the range of frequencies over which hearing aid
compatibility can be tested to 698 MHz--6 GHz and it establishes a
direct method for measuring the radio frequency (RF) interference level
of wireless devices to hearing aids, thereby enabling testing
procedures to be applied to operations over any RF air interface or
protocol. The 2011 ANSI Standard also exempts from testing certain low
power transmitters that are unlikely to cause unacceptable RF
interference to hearing aids. Under the recently adopted rules,
beginning August 16, 2013, newly introduced multi-band and multi-mode
handset models that include operations not covered under ANSI Standard
C63.19-2007 must be tested under ANSI Standard C63.19-2011 in order to
be considered hearing aid-compatible. The Commission's deployment
benchmarks will become applicable to operations over frequency bands
and air interfaces that are newly covered under the 2011 revision of
the standard on August 16, 2014, for manufacturers and nationwide
carriers and on November 16, 2014, for other service providers.
Request for Comments
9. During the period since the record closed on the 2010 Review PN,
technologies and markets for both wireless handsets and hearing
assistance devices have continued to evolve. For example, manufacturers
have introduced many new handset models, including models that both do
and do not meet hearing aid compatibility technical standards, as
evidenced by the most recent annual reports filed by manufacturers on
July 15, 2012. Many of these handsets offer 3G and 4G broadband
capability as well as other advanced and innovative features. At the
same time, increasing numbers of hearing aids are equipped with
telecoils. The Bureau seeks comment on how this and other developments
affect any of the matters addressed in the 2010 Review PN. For example,
do the Commission's rules continue to ensure that a full range of
hearing aid-compatible handsets is available to all consumers? Have
developments in the marketplace posed new challenges, or relieved pre-
existing challenges, to smaller providers? Are consumers adequately
informed about the capabilities of the new handsets and their
functionality with hearing aids and cochlear implants? In particular,
are consumers informed about the functioning of handsets that have a
separate menu-driven mode for operation with telecoils, and that
activating this mode may affect the phone's acoustic coupling
performance? Do the existing technical standards adequately and
completely measure the new handsets' hearing aid compatibility? With
the introduction of devices in new sizes and form factors, is it
sufficiently clear whether a device is ``typically held to the ear in
any of its ordinary uses'' and therefore covered under the hearing aid
compatibility rules? The Bureau encourages commenters to address these
and any other effects of technological and market developments.
10. The Bureau also seeks comment on the impact of the newly
adopted 2011 revision of ANSI Standard C63.19. In particular, because
the direct measurement methodology made it possible to eliminate
certain conservative assumptions, it is approximately 2.2 dB easier
under the new standard for a GSM phone to receive an M3 rating. In
light of this development, is it still necessary and appropriate to
allow phones operating over GSM at 1900 MHz to achieve an M3 rating by
means of a user-controlled power reduction? Do the new standard or the
rules implementing that standard affect any other issues addressed in
the 2010 Review PN? The Bureau also notes that the Telecommunications
Industry Association (TIA) has released new and revised standards
relating to volume control and amplification for wireline phones,
including digital cordless phones, which include revised measurement
procedures as well as a new metric based on conversational gain.
Although ASC C63[supreg] has not addressed these procedures and metrics
in the context of mobile phones, the Consumer and Governmental Affairs
Bureau has recognized their value in promoting accessibility to
wireline services for people with hearing loss, and the Bureau invites
comment on their potential relevance and benefits in the mobile
context.
11. The Bureau encourages commenters, to the extent feasible, to
include specific, quantifiable information regarding the costs and
benefits of the Commission's hearing aid compatibility reporting and
enforcement regime. Under the Hearing Aid Compatibility Act, the
Commission is required to revoke or limit the exemption of phones used
with public mobile services from hearing aid compatibility requirements
if (i) Such revocation or limitation is in the public interest; (ii)
continuation of the exemption without such revocation or limitation
would have an adverse effect on hearing-impaired individuals; (iii)
compliance with hearing aid compatibility requirements is
technologically feasible for the telephones to which the exemption
applies; and (iv) compliance with hearing aid compatibility
requirements would not increase costs to such an
[[Page 70409]]
extent that the telephones to which the exemption applies could not be
successfully marketed. However, the statute leaves the Commission
substantial discretion to implement the mechanisms that most cost-
effectively ensure compliance with these requirements. Accordingly, the
Bureau invites further comment on the costs and benefits of these
mechanisms, particularly as applied to small entities. For example,
what are the costs to small entities of accurately and timely
completing FCC Form 655 and of responding to the Commission's
enforcement inquiries? What are the benefits to consumers of having the
information in the hearing aid compatibility reports available from the
smallest service providers as well as the major national and regional
carriers? Are there alternative approaches that would achieve
substantially the same benefits in a more cost-effective manner?
12. The Bureau also welcomes comment on any other new or changed
circumstances relevant to the operation and effect of the hearing aid
compatibility rules.
Procedural Matters
13. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. If more than one
docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S.
Postal Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary at 236 Massachusetts Avenue NE., Suite
110, Washington, DC 20002. The filing hours at this location are 8:00
a.m. to 7:00 p.m. All hand deliveries must be held together with rubber
bands or fasteners. Any envelopes must be disposed of before entering
the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class mail, Express Mail, and
Priority Mail should be addressed to 445 12th Street SW., Washington,
DC 20554.
One copy of each pleading must be delivered electronically, by
email or facsimile, or if delivered as paper copy, by hand or messenger
delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (according to the procedures set
forth above for paper filings), to the Commission's duplicating
contractor, Best Copy and Printing, Inc., at [email protected] or (202)
488-5563 (facsimile).
Federal Communications Commission.
Jane E. Jackson,
Associate Chief, Wireless Telecommunications Bureau.
[FR Doc. 2012-28494 Filed 11-23-12; 8:45 am]
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