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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Rules and Regulations concern were discussed and addressed in the ANSI comment resolution process to the satisfaction of the ANSI
Committee, and, thereafter, the committee voted to adopt the new standard. The 2019 ANSI Standard, as with ANSI standards generally, was developed through a voluntary, consensus-driven approach and is broadly supported by both industry and consumer groups.
13. Regarding Schmids specific concern that allowing D-Dot probes to test acoustic coupling can create inconsistent results, the Commission agrees with commenters that any such uncertainty does not make the use of DDot probes unsuitable for testing. All measurements are subject to a certain degree of uncertainty, and labs can factor such uncertainties into their calculations to assess the overall reliability of test results. PCTEST
explains that some risks associated with using D-Dot probes were mitigated through revisions to the standard.
Moreover, the use of D-Dot probes for testing of acoustic coupling provides certain benefits relative to the use of isotropic probes; in particular, the D-Dot probe is less expensive and more widely available. Further, the Commission notes that the use of D-Dot probes for testing of acoustic coupling is optional under the 2019 ANSI standard, which means that labs can use isotropic probes if they encounter an issue with D-Dot probes. Accordingly, the Commission disagrees with Schmid that the D-Dot probe is unacceptable or that use of isotropic probes should necessarily be preferred.
14. Regarding Schmids concern about the standards T-Coil magnetic field limits for testing of inductive coupling, the Commission agrees with commenters that the standards T-Coil requirements are technically sound as a result of years of study and collaboration. As PCTEST explains, testing during the development of the standard established that the standards limits are both feasible for manufacturers and tolerable for hearing aid users. Given that the record demonstrates careful consideration of these limits during the ANSI process, the Commission sees no reason for concern with adopting these limits, as part of the 2019 ANSI Standard, into its rules.
15. Finally, with respect to Schmids concerns about unclear test results and testing burdens and costs, the Commission notes that the new standard was developed over a period of years, subject to five rounds of review, and approved and published by the ANSI Committee in August 2019. The
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ANSI Committee considers the new standard a significant advancement over prior versions and notes that a continuing goal is to keep the testing burden as low as possible and still meet the needs of the standard and, more importantly, of hearing aid wearers.
Julstrom adds that the requirements laid out in this revision are the result of years of study and collaboration and have been thoroughly vetted. No other commenter raises concerns about unclear test results or increased burdens and costs. Given this proceedings record and the years of study and collaboration that went into developing the new standard, the Commission rejects Schmids concerns. The Commission also notes that, if testing labs request clarification of testing procedures, the Commissions Office of Engineering and Technology OET can provide guidance through the issuance of Knowledge Database KDB
publications.
16. Frequencies Above 6 GHz.
Recognizing that the 2019 ANSI
Standard, like the 2011 ANSI Standard, does not address frequencies above 6
GHz, the NPRM sought comment on whether hearing aid compatibility testing was needed in higher frequencies. Higher millimeter wave frequencies were not commonly used in mobile handsets at the time that the 2019 ANSI Standard was being developed. However, the NPRM sought comment on whether to continue to exempt handsets operating in frequencies above 6 GHz from the statutory hearing aid compatibility requirements. Based on the record, the Commission declines to lift the exemption that currently excludes frequencies above 6 GHz from hearing aid compatibility requirements.
17. Section 710 of the Communications Act of 1934, as amended, exempts telephones used with public mobile services from the hearing aid compatibility requirements, but it directs the Commission to assess periodically the appropriateness of continuing in effect the exemption and to revoke or otherwise limit the exemption if certain factors are met. The Commission must revoke or limit the exemption if it determines that: 1 Such revocation or limitation is in the public interest; 2 continuation of the exemption without such revocation or limitation would have an adverse effect on individuals with hearing loss; 3
compliance with the requirements adopted is technologically feasible for the telephones to which the exemption applies; and 4 compliance with the requirements adopted would not increase costs to such an extent that the
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telephones to which the exemption applies could not be successfully marketed. In conjunction with adopting the Commissions initial requirements for hearing aid compatibility for wireless handsets, the Commission revoked the statutory exemption as to wireless handsets operating below 6
GHz; the Commission has not addressed the exemption with respect to handsets operating on frequencies above 6 GHz.
18. In the past, the Commission generally has relied on an ANSI
technical standard to demonstrate technological feasibility. These standards are developed by interested partieswhich may include handset manufacturers, service providers, consumer groups, testing bodies, and othersworking together to reach a consensus standard that the ANSI
Committee presents to the Commission for incorporation into its rules. The Commission has never developed its own technical standard for testing for hearing aid compatibility or modified an existing technical standard. Absent an applicable technical standard that reflects a broad-based agreement as to its utility, soundness, and practicality for implementation, the Commission declines to conclude that compliance with hearing aid compatibility standards for frequencies above 6 GHz is technically feasible or that lifting the statutory exemption is in the public interest. Rather, the Commission requests that the ANSI Committee work with all relevant stakeholders to develop a new standard that addresses hearing aid compatibility in frequencies above 6 GHz.
19. Most commenters addressing this issue agree that the Commission should continue to exempt handset operations in frequencies above 6 GHz from hearing aid compatibility requirements until the ANSI Committee develops a new standard. For example, Samsung maintains that the Commission should defer to the ANSI Committee and only should consider lifting the exemption after ANSI issues a revised standard covering frequencies above 6 GHz.
Schmid, however, recommends that the Commission include frequencies above 6 GHz for devices incorporating 5G New Radio FR2 technology to evaluate hearing aid compatibility. Schmid does not explain how the Commission should do so in the absence of a standard that covers such frequencies but states that it is willing to provide the Commission with more information on how it believes these evaluations could be performed. Rather than developing a Commission-derived technical standard for frequencies above 6 GHz, the Commission will continue with its well-

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