[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19639-19642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06757]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 20-3; DA 23-250; FR ID 133942]


Wireless Telecommunications Bureau Seeks Comment on ATIS Waiver 
Request on Behalf of the Covered Entities of the Hearing Aid 
Compatibility Task Force

AGENCY: Federal Communications Commission.

ACTION: Notice; request for comments.

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SUMMARY: In this document, the Wireless Telecommunications Bureau 
(Bureau) of the Federal Communications Commission (Commission) seeks 
comment on a petition for waiver (Petition) filed by ATIS requesting 
waiver for all entities subject to the hearing aid compatibility rules. 
The Petition seeks to allow wireless handsets to satisfy a reduced 
volume control testing methodology to be certified as hearing-aid 
compatible.

DATES: Interested parties may file comments on or before May 3, 2023, 
and reply comments on or before May 18, 2023.

ADDRESSES: You may submit comments, identified by WT Docket No. 20-3, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing ECFS: https://www.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy 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 commercial overnight courier, 
or by first-class or overnight U.S. Postal Service mail. All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be

[[Page 19640]]

addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Government Affairs Bureau at (202) 418-0530.

FOR FURTHER INFORMATION CONTACT: For further information on this 
proceeding, contact Eli Johnson, [email protected], of the Wireless 
Telecommunications Bureau, Competition & Infrastructure Policy 
Division, (202) 418-1395.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, WT Docket No. 20-3, DA 23-250, released on March 23, 2023. 
The full text of this document is available for public inspection on 
the FCC's website at https://docs.fcc.gov/public/attachments/DA-23-250A1.docx.

Synopsis

    1. The Wireless Telecommunications Bureau seeks comment on a 
petition for waiver (Petition) filed by ATIS requesting waiver of Sec.  
20.19(b)(1) and (b)(3) of the Commission's rules for all entities 
subject to the hearing aid compatibility rules. The Petition seeks to 
allow wireless handsets to satisfy a reduced volume control testing 
methodology to be certified as hearing-aid compatible. In particular, 
we seek comment on this waiver request in the context of the 
Commission's commitment to attaining 100% hearing aid compatibility of 
covered wireless handsets, as soon as achievable, as well as the 
Commission's previous finding that a volume control requirement is 
necessary ``to ensure the provision of effective telecommunications for 
people with hearing loss.''
    2. The Commission's commitment to a volume control requirement 
dates back to the original hearing aid compatibility order in 2003. 
Since then, the Commission has repeatedly explored the issue and in 
2017 concluded that ``the public interest and the objectives mandated 
by section 710 of the Act will be served by modifying the Commission's 
acoustic coupling HAC rules for wireless handsets to include a volume 
control requirement designed to accommodate people with hearing loss.'' 
The Commission affirmed its belief ``that a volume control requirement 
that specifies certain levels of amplification as an element of hearing 
aid compatibility is just as necessary for wireless handsets as it is 
for wireline phones, to ensure the provision of effective 
telecommunications for people with hearing loss.'' In deciding to adopt 
a wireless volume control requirement, the Commission stated that ``a 
volume control requirement will not only improve communications for 
those using hearing aids and cochlear implants, it also will help 
millions of Americas with hearing loss who do not use these devices.''
    3. While the Commission adopted a volume control requirement in 
2017, the Commission delayed compliance with the requirement until 
March 1, 2021. At the time the Commission adopted this rule, there was 
no standard for volume control, but the Commission anticipated that 
ANSI would adopt a standard that the Commission could incorporate into 
its rules. The Commission expected to adopt the ANSI volume control 
standard by 2019 in order to give manufacturers two years following 
adoption to build the standard into new handsets. It was not until 
2019, however, that ANSI submitted to the Commission as part of the 
2019 ANSI Standard the ANSI/TIA-5050-2018 Volume Control Standard 
(ANSI/TIA Volume Control Standard), which is incorporated into the 2019 
ANSI Standard. Commenters broadly supported the adoption of the 2019 
ANSI Standard and the related ANSI/TIA Volume Control Standard. Both 
standards are incorporated into the Commission's rules by reference 
(i.e., the standards are part of the Commission's rules). Under the 
Commission's rules, beginning on June 5, 2023, a handset will be 
considered ``hearing aid compatible'' if it ``meets the 2019 ANSI 
Standard for all frequency bands that are specified in the ANSI 
standard and all air interfaces over which it operates on those 
frequency bands, and the handset has been certified as compliant with 
the ANSI/TIA-Volume Control Standard.
    4. According to ATIS's Petition, during the course of the hearing 
aid compatibility Task Force's work this past spring, the Task Force 
discovered ``significant and material problems with the methodology 
used for testing volume control.'' Specifically, Working Group 3 of the 
Task Force received data on eighteen mobile handsets that were tested 
under the new standards. ATIS states that the ANSI/TIA Volume Control 
Standard's methodology for testing volume control resulted in every 
current HAC-certified handset they tested failing to pass the standard.
    5. Accordingly, ATIS specifically requests a waiver of Sec.  
20.19(b)(1) and (b)(3), asking us to allow wireless handsets to satisfy 
a reduced volume control testing methodology instead of the full ANSI/
TIA Volume Control Standard in order to be certified as hearing-aid 
compatible. ATIS asserts that there is a ``problem with the underlying 
testing methodology'' in the ANSI/TIA Volume Control Standard that 
renders compliance with the ANSI 2019 Standard functionally impossible 
for handsets. ATIS proposes that, for the duration of the waiver, the 
Commission allow a handset to be certified as hearing-aid compatible if 
it:
    i. Meets the following clauses of the 2019 ANSI Standard:

a. RF Immunity Test (M--``clause 4'') and
b. T-Coil Compatibility Test (T--``clause 6'')

    ii. Passes the conversational gain test in the ANSI/TIA Volume 
Control Standard for all available codecs and air interface 
combinations at the 2N level; and
    iii. Obtains passing results for at least one of the device's 
available codecs for the distortion and frequency response requirements 
in the ANSI/TIA Volume Control Standard. Under the proposed waiver, 
ATIS also requests that test codecs be limited to those that are in 
scope for the ANSI/TIA Volume Control Standard, which include 
narrowband and wideband codecs.
    6. ATIS asserts that TIA is in the process of ``reinitializing'' 
its standards committee to revise the ANSI/TIA Volume Control Standard. 
ATIS then notes that stakeholders would need a period of time for 
testing and implementation of the standard before the Commission 
considers adopting the revised standard into its rules. ATIS requests 
that the waiver remain in effect until the Commission has had the 
opportunity to review the revised standard.
    7. In the context of the Commission's commitment to attaining 100% 
hearing aid compatibility for handsets, to the extent achievable, as 
well as the significance of the volume control standard for improving 
accessibility to handsets for consumers with hearing loss, we seek 
comment on how to address any request for waiver of the volume control 
standard, as well as the scope of this particular request.
    8. We note that when the Commission adopted a volume control 
requirement for mobile handsets in October 2017, work on a wireless 
volume control

[[Page 19641]]

standard was already well underway. In 2019, the current standard was 
completed and was submitted to the Commission by the ASC C63 Committee 
with a request that it be incorporated in the Commission's rules. In 
the ensuing rulemaking, industry commenters supported adoption of the 
standard, and no party raised concerns about the suitability of the 
testing requirements for volume control. Accordingly, we seek comment 
on what steps the covered entities took, prior to the recent testing 
conducted by the Task Force, to ensure that they would be able to 
comply with the adopted standard, which was developed by technical 
committees on which affected manufacturers ordinarily are well 
represented.
    9. We seek comment on the potential impact of this waiver request 
on consumers, as well as the application of the Commission's 
established waiver standard. In particular, we seek comment on the 
impact of the requested waiver of the volume control requirement on the 
more than 30 million Americans who have hearing loss. Would a grant be 
consistent with the Commission's commitment to implementing a volume 
control standard to improve accessibility and with our statutory duties 
under section 710 of the Communications Act of 1934, as modified? How 
would a denial of the requested waiver impact consumers? In addition, 
we seek comment on whether and how the requested waiver would further 
our goal of making 100% of wireless handsets hearing-aid compatible. Do 
individuals and consumer groups representing individuals who are deaf 
and hard of hearing support the scope of the waiver request?
    10. We also seek comment on the scope of the waiver request. The 
waiver request seeks a departure from the volume control standard 
previously supported by parties and adopted into the Commission's 
rules. Is the alternative volume control testing methodology proposed 
by ATIS sufficient to ensure that handsets have adequate volume 
control? Did the covered entities perform any testing to ensure that 
this alternative volume control testing methodology would ensure that 
handsets have sufficient volume control? If so, we encourage industry 
to share data related to this testing in their comments.
    11. We seek comment on the portion of the waiver related to 
conversational gain and the scope of that request. The waiver proposes 
to test only the 2N force, which replicates the experience of hearing 
aid users. The ANSI/TIA Volume Control Standard, however, also requires 
testing of conversational gain at the 8N force, which is intended to 
replicate the experience of those consumers with hearing loss who do 
not use hearing aids. The waiver request does not specify why covered 
entities need a waiver of the 8N force portion of the conversational 
gain test, other than the ``high failure rate'' at the 8N force. What 
specific problem with the 8N testing requirement makes compliance with 
the test problematic? Are there steps manufacturers could take that 
would address such problems and enable their devices to pass the test? 
How would the testing methodology proposed by ATIS, which would include 
a waiver of the requirement to test conversational gain at the 8N 
force, ensure that a handset's conversational gain is suitable for 
those consumers with hearing loss that do not use hearing aids? Should 
we maintain the testing requirement at the 8N force, as specified in 
the ANSI/TIA Volume Control Standard?
    12. We seek comment on the portion of the waiver request related to 
distortion and frequency response and its scope. Guidance from the 
Office of Engineering and Technology Knowledge Database (KDB) requires 
the worst-case test result to be submitted for certification--which 
ATIS suggests ``implicitly require[es] an all-codec approach.'' With 
this in mind, would it be sufficient to test and document only one of a 
device's available codecs for the distortion and frequency response 
requirements of the ANSI/TIA Volume Control Standard, as ATIS requests? 
What was the basis for the Task Force working group's finding that 
``meeting the distortion and frequency response requirements when 
tested with a single codec'' is ``sufficient to indicate that the 
amplifier/speaker combination is capable of producing the desired 
output signal quality and level''? Did the working group or covered 
entities perform any testing to ensure that this would be the case? How 
can we be sure that the consumer experience would not be negatively 
affected if testing only one of the device's available codecs for 
distortion and frequency response? If testing only one of a device's 
available codecs is sufficient, why was the ANSI/TIA Volume Control 
Standard developed to test both narrowband and wideband codecs? Which 
specific types of codecs are incompatible with the pulse-noise test? If 
we were to grant a waiver, is there a way to tailor the request more 
narrowly for relief to address ATIS's concerns with the pulse-noise 
signal test? For example, could we limit the tests to only those codecs 
within the scope of the ANSI/TIA Volume Control Standard?
    13. We also seek comment on whether we should impose other 
conditions on the waiver, if granted. For example, should we require 
labeling specifying that a handset tested under this methodology did 
not meet the full volume control standard? What other conditions are 
necessary to ensure that consumers with hearing loss have access to 
hearing-aid compatible handsets that meet established technical 
standards?
    14. Finally, we seek comment on the timeframe contemplated for the 
waiver. We note that the request does not seek a specific length of 
time for the waiver. If granted, should we set additional time limits 
or reporting requirements on the waiver? For example, should we 
consider requiring ATIS to submit quarterly reports on the progress of 
revising the volume control standard? In order to ensure hearing aid 
compatibility compliance pursuant to the ATIS waiver and because timely 
hearing aid compatibility compliance is in the public interest, should 
we consider requiring the waiver's covered entities to participate in 
the TIA standards-setting process? Should we establish a period of time 
for testing and implementation of the standard?
    15. ATIS cites as evidence the Task Force's concurrently filed 
Final Report and Recommendation (Report), which recommends revisions to 
our hearing aid compatibility rules--including revisions to the 
standards for volume control testing. However, we do not seek feedback 
here on the Report or its recommendations, except to the extent that 
ATIS relies on studies in the Report as support for its waiver request. 
We only solicit comment on ATIS's specific waiver request, and on any 
alternate relief that may be appropriate.
    16. We note that the Commission adopted an Initial Regulatory 
Flexibility Analysis (IRFA) and a Final Regulatory Flexibility Analysis 
(FRFA) in the proceeding that adopted the volume-control standard. The 
FRFA, among other things, analyzes the objectives and the economic 
effects on small entities of the requirement that ATIS asks us to 
waive. We seek comment on how the proposed waiver and the alternatives 
discussed herein could affect the IRFA and the FRFA previously adopted 
by the Commission. How could action in response to ATIS's petition 
ensure that we are minimizing burdens on small entities?
    17. Paperwork Reduction Act. This document may seek comment on 
potential new or modified information

[[Page 19642]]

collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget (OMB) to comment on the information 
collection requirements contained in this document as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. In addition, 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2023-06757 Filed 3-31-23; 8:45 am]
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