[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Rules and Regulations]
[Pages 25286-25288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08417]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[WT Docket No. 20-3; DA 23-327; FR ID 133942]


Wireless Telecommunications Bureau Extends Transition Period for 
Hearing Aid Compatibility Technical Standard

AGENCY: Federal Communications Commission.

ACTION: Order.

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SUMMARY: In this document, the Wireless Telecommunications Bureau 
(Bureau) of the Federal Communications Commission (Commission) extends 
the enforcement of the technical standard transition period for hearing 
aid compatibility by six months from June 5, 2023 to December 5, 2023. 
We take this step to ensure that handset manufacturers can continue to 
release the newest handset models capable of achieving hearing aid 
compatibility while we consider a pending waiver request filed by ATIS 
addressing the volume control requirements of the newest hearing aid 
compatibility technical standard.

DATES: The enforcement date for 47 CFR 20.19(b) is December 5, 2023.

ADDRESSES: Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554.

FOR FURTHER INFORMATION 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 
document, WT Docket No. 20-3, DA 23-327, released on April 14, 2023. 
The full text of this document is available for public inspection on 
the FCC's website at: DA-23-327A1.docx, DA-23-327A1.pdf, DA-23-
327A1.txt. The document is available electronically in ASCII, Microsoft 
Word, and/or Adobe Acrobat. Alternative formats are available for 
people with disabilities (Braille, large print, electronic files, audio 
format, etc.), and reasonable accommodations (accessible format 
documents, sign language interpreters, CART, etc.) may be requested by 
sending an email to [email protected] or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

Synopsis

    1. Today, we take action to ensure that handset manufacturers can 
continue to release the newest handset models capable of achieving 
hearing aid compatibility by extending the enforcement of the technical 
standard transition period referenced in Sec.  20.19(b) of our hearing 
aid compatibility rules by six months. This provision requires that 
starting June 5, 2023, handset manufacturers must exclusively use the 
2019 ANSI Standard for certifying new handset models as hearing aid-
compatible and may no longer use the 2011 ANSI Standard for 
certification purposes. We take this step to ensure that handset 
manufacturers can continue to certify new handset models with improved 
hearing aid compatibility features under the 2011 ANSI Standard while 
we consider a petition for waiver filed by ATIS to modify the 2019 ANSI 
Standard to allow handset models satisfying a reduced volume control 
testing methodology to be certified as hearing aid-compatible. With 
this brief extension of time, we allow handset manufacturers to 
continue to use either the 2011 or the 2019 ANSI Standard to certify 
new handset models as hearing aid-compatible until December 5, 2023. We 
expect that during this six month period handset manufacturers will 
abide by their commitment to include innovative new technologies in the 
handset models that they release which will benefit consumers, 
especially those with hearing loss. Continuing to allow new handset 
models to be certified as hearing aid-compatible is essential to moving 
towards the Commission's commitment to attaining 100% hearing aid-
compatibility of covered wireless handsets, as soon as achievable.

I. Background

    2. The Commission's rules require handset manufacturers to ensure 
that at least 85% of the total number of handset models that they offer 
to consumers are hearing aid-compatible. Handset models are considered 
hearing aid-compatible if they meet ANSI technical standards that the 
Commission has incorporated by reference into the hearing aid 
compatibility rules. In September 2019, the ANSI Committee petitioned 
the Commission to replace the existing 2011 ANSI Standard that had been 
incorporated by reference into the Commission's rules with the 2019 
ANSI Standard. Both standards address acoustic and inductive coupling 
between wireless handsets and hearing aids, but the 2019 ANSI Standard 
for the first time includes a volume control requirement. This new 
standard specifically incorporates by reference the ANSI/TIA-5050:2018 
volume control standard and requires handset models to meet this 
standard in order to be certified as hearing aid-compatible.
    3. On February 22, 2021, the Commission adopted the 2019 ANSI 
Standard and the related ANSI/TIA volume control standard. The 
Commission noted that ``[t]he 2019 ANSI Standard is broadly supported 
by both industry and consumer groups.'' The Commission determined to 
make the 2019 ANSI Standard and the associated volume control 
requirement the exclusive testing standard for determining hearing aid 
compatibility after a two year transition period. During the transition 
period, handset manufacturers may use either the 2011 or the 2019 ANSI 
Standard when certifying new handset models. The Commission found that 
a two-year transition period was an appropriate length of time because 
it was consistent with past practice and took into consideration the 
typical handset industry product development cycle. The Commission 
noted that CTIA and Samsung, among others, supported a two-year 
transition period before requiring the exclusive use of the new testing 
standard. The two-year transition period that the Commission adopted 
ends on June 5, 2023. Without today's action, beginning on this date, 
handset models would only be certified as hearing aid-compatible using 
the new standard and the related volume control standard.
    4. On December 16, 2022, ATIS filed a petition for waiver asking 
the Commission to allow wireless handsets to satisfy a reduced volume 
control testing methodology--instead of the full ANSI/TIA Volume 
Control Standard incorporated into the 2019 ANSI Standard--in order to 
be certified as hearing aid-compatible. According to ATIS, handset 
manufacturers have discovered ``significant and material problems with 
the methodology used for testing volume control'' that renders 
compliance with the 2019 ANSI Standard functionally impossible for 
handsets. On March 23, 2023, the Wireless Telecommunications Bureau 
(Bureau) released a Public Notice seeking comment on ATIS's petition 
that establishes a 45-day comment period that closes on May 18, 2023. 
The Public Notice seeks comment on the petition within the context of 
the

[[Page 25287]]

Commission's commitment to attaining 100% hearing aid compatibility for 
all 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.''
    5. Subsequently, on March 29, 2023, CTIA filed a letter with the 
Commission urging ``the Commission to provide near-term relief in light 
of the flawed volume control testing methodology and upcoming exclusive 
use compliance date of June 5, 2023.'' CTIA states that without action, 
the timing of the current comment cycle will likely alter the HAC-rated 
phone market. Likewise, on April 5, 2023, the ATIS Hearing Aid 
Compatibility Task Force (Task Force) filed a letter urging ``the 
Commission to act to grant interim, near-term relief that enables new 
wireless handsets with improved or novel features for people with 
hearing loss to receive HAC ratings while the Commission considers the 
[ATIS] waiver request.'' In its letter, the Task Force explains that 
``[h]andset testing takes several weeks, and therefore the FCC will not 
be able to resolve the Petition before covered entities must test 
phones in advance of the June 5, 2023 compliance date given the current 
comment cycle.''

II. Discussion

    6. Section 1.3 of the Commission's rules provides that the 
Commission may ``on its own motion or on petition'' suspend a rule 
``for good cause shown, in whole or in part, at any time.'' The 
Commission may find that the ``good cause shown'' standard is met when: 
(1) ``special circumstances warrant a deviation from the general rule'' 
and (2) ``such deviation will serve the public interest.'' In this 
case, we find good cause to suspend the enforcement of the June 5, 2023 
exclusive use transition date contained in Sec.  20.19(b) of our rules 
for six months.
    7. ATIS's petition and the subsequent letters filed by CTIA and the 
Task Force express significant concerns about the pending June 5 
exclusive use date for the 2019 ANSI Standard. These filings 
demonstrate both that special circumstances warrant an extension of the 
transition period and that an extension of the exclusive use date will 
serve the public interest. First, ATIS's petition states that handset 
manufacturers have discovered ``significant and material problems with 
the methodology used for testing volume control.'' ATIS's petition 
states that there is a flaw in the existing volume control testing 
methodology that renders compliance with the standard functionally 
impossible and, as a result, compliance with the requirements of the 
2019 ANSI Standard impossible. ATIS asserts that we must act in order 
to ensure that new handset models can be certified as hearing aid-
compatible after the exclusive use transition date passes. Without 
Commission action, ATIS states that handset manufacturers will only be 
able to release a limited number of new handset models, if any at all. 
ATIS recognizes that the Commission's rules require handset 
manufacturers to ensure that 85% of the total number of handset models 
that they offer to the public are hearing aid-compatible. ATIS argues 
that the 85% deployment benchmark will limit the ability of handset 
manufacturers to release new handset models if they cannot certify new 
handset models as hearing aid-compatible. As such, the Bureau placed 
the petition on public notice to develop a record in order to fully 
consider the technical aspects and functional implications of ATIS's 
petition.
    8. Further, CTIA and the Task Force urge the Commission to take 
immediate action and grant near-term relief while the record develops 
for ATIS's petition. CTIA asserts that the 2019 ANSI Standard's volume 
control testing methodology contains ``insurmountable flaws'' and 
without immediate Commission action the handset marketplace will be 
altered. The Task Force states that ``the volume control testing 
measures in the 2019 ANSI standard are unworkable.'' According to these 
parties, after the exclusive use transition date passes, handset 
manufacturers will not be able to certify new handset models as hearing 
aid-compatible and this will harm consumers with hearing loss because 
they may not consider purchasing new handset models that lack hearing 
aid compatibility certification--even though these new models might 
offer improved hearing aid compatibility features that better meet 
their needs. This lack of certification, CTIA and the Task Force argue, 
will deprive consumers with hearing loss of the information that they 
need to make informed purchasing decisions. Additionally, as explained 
in the Task Force's letter, handset testing takes several weeks, which 
would require the covered entities to begin testing new phones before 
the conclusion of the comment cycle for ATIS's Petition.
    9. Moreover, the Task Force, CTIA, and ATIS indicate that during 
the extended transition period, consumers with hearing loss will 
receive additional benefits in terms of advancements in hearing aid-
compatible handsets. The Task Force states that ``industry stakeholders 
will continue to roll out new, advanced wireless phones that have the 
latest features, including volume control while the Commission provides 
interim relief.'' In addition, the Task Force states that during the 
period of interim relief, handset manufacturers ``will continue to 
offer innovative coupling and volume control capabilities,'' and that 
handset manufacturers are committed to ``continue to explore advanced 
solutions and offer innovative coupling and volume control 
capabilities, and improved audio quality while interim relief is in 
effect.'' CTIA asserts that handset manufacturers already may be in the 
process of designing new handset models to meet certain aspects of the 
2019 ANSI Standard. CTIA indicates that these new handset models may 
provide for improved acoustic and T-Coil coupling between handsets and 
hearing aids, operate over a wider range of frequencies, and have 
volume control capabilities. In its petition, ATIS stresses that new 
handset models are being designed to produce increased amplification, 
consistent with the Commission's goal for adopting volume control 
requirements.
    10. Based on the special circumstances outlined above, as well as 
the commitments made by the Task Force, CTIA, and ATIS that handset 
manufacturers will continue to improve coupling and volume control 
capabilities of new handset models during any interim relief, we find 
that granting this extension of six months of the date of enforcement 
to December 5, 2023 is in the public interest. During this six-month 
extension, handset manufacturers may continue to use either the 2011 or 
the 2019 ANSI Standards for certification. If a manufacturer chooses to 
use the 2019 ANSI Standard for certification, the submitted handset 
model must meet all aspects of the standard, including the volume 
control requirements, in order for the handset to be certified as 
hearing aid-compatible. Otherwise, new handset models must meet all 
aspects of the 2011 ANSI Standard in order to be certified as hearing 
aid-compatible. The 2011 ANSI Standard is a well-established and 
utilized standard for determining hearing aid compatibility and 
granting this extension permitting use of the standard for six months 
will ensure that new handset models will continue to be released to the 
public.
    11. Our extension is consistent with the policy objective 
underlying our hearing aid compatibility rules. These rules are based 
on the principle that consumers with hearing loss should

[[Page 25288]]

have the same access to the newest and most advanced handset models as 
consumers without hearing loss. By extending the enforcement of the 
transition period, we ensure that in the coming months handset 
manufacturers will be able to release new handset models when they 
otherwise might not be able to because of the 85% hearing aid-
compatible handset deployment benchmark. The extended transition period 
permits new handset models to be certified as hearing aid-compatible, 
which in turn ensures that consumers with hearing loss will have the 
opportunity to consider these handsets for their needs just like 
consumers without hearing loss. By granting this extension, we act to 
ensure that the handset marketplace will not be disrupted by 
certification issues and will continue to operate as it has during the 
existing two-year transition period.
    12. Additionally, a six-month extension is the appropriate length 
of time to preserve the status quo pending resolution of the testing 
problems identified by ATIS. This extension gives the public time to 
fully review and comment on ATIS's petition, which will ensure that we 
have a complete record on which to assess the request. Further, given 
the complexity of the technical issues involved with ATIS's petition, 
we wish to ensure that members of the public have time to meet with us 
if they wish to express their views in ex parte presentations. Thus, we 
agree with CTIA and the Task Force that granting interim relief serves 
the public interest because it will allow the record to develop in 
response to ATIS's petition.
    13. We are encouraged by the technological advancements that the 
Task Force, CTIA, and ATIS refer to in their filings and the commitment 
by handset manufacturers to continue to innovate and to include these 
innovations in new handset models released during the extended 
transition period. Consumers with hearing loss will benefit from these 
improvements, and we expect that handset manufacturers will incorporate 
these changes into new handset models released in the coming months. In 
addition, these commitments will bring us closer to the time when all 
handset models will be certified as hearing aid-compatible and 
consumers with hearing loss will be able to consider all handset models 
for their needs, including the newest and most technologically advanced 
models. We continue to strive toward our goal of 100% hearing aid 
compatibility in the near future and our decision to adopt a six month 
extension does not require us to adjust our time frame for making this 
decision. Our extension permits handset manufacturers to continue the 
process of certifying all of their handset models as hearing aid-
compatible, as many of them do now. These advancements support our 
decision to grant this brief extension and ensure that our action today 
is in the public interest.
    14. For all of the above reasons, we find good cause to extend by 
six months the enforcement of the June 5, 2023 exclusive use transition 
date contained in Sec.  20.19(b) of our hearing aid compatibility rules 
to December 5, 2023.
    15. Paperwork Reduction Act. This document does not contain new or 
substantively modified information collection requirements subject to 
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In 
addition, 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).
    16. Congressional Review Act. The Commission has determined, and 
the Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The 
Commission will send a copy of this Order to Congress and the 
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

III. Ordering Clauses

    17. Accordingly, it is ordered, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 
Sec. Sec.  0.331 and 1.3 of the Commission's rules, 47 CFR 0.331 and 
1.3, that the enforcement of the June 5, 2023 date included within 
Sec.  20.19(b) is extended to December 5, 2023.
    18. It is further ordered that the Office of the Managing Director, 
Performance Evaluation and Records Management, shall send a copy of 
this Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, 5 
U.S.C. 801(a)(1)(A).

Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2023-08417 Filed 4-25-23; 8:45 am]
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