Federal Register - May 4, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Rules and Regulations
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the transition to the new ANSI standard.
In the meantime, the Commission declines to adjust the 2024 timeframe.
C. Extension of Volume Control Requirement 28. As proposed in the NPRM, the Commission extends the March 1, 2021
deadline in the Commissions volume control rule to align with the start date for exclusive use of the 2019 ANSI
Standard. The Commission finds that, given the close proximity of the current volume control deadline, the extension will provide manufacturers additional time to make the handset model design changes needed to meet the volume control requirements. We find good cause to suspend the March 1, 2021, volume control deadline immediately upon adoption of this Report and Order.
We take this action to ensure handset manufacturers will not need to comply with this deadline in the event that the rule changes publication in the Federal Register does not occur soon enough in time for the amendment to become effective before the March 1, 2021
deadline. The 2019 ANSI Standard is the first wireless testing standard to implement a volume control requirement, and the record shows that the pending March 1, 2021 deadline does not allow manufacturers sufficient time to implement the volume control requirement that is part of the new ANSI standard. CTIA and Samsung support aligning the volume control deadline with the exclusive use deadline for the new standard. The Commission did not receive comments objecting to this approach.
29. Accordingly, beginning on the date that the 2019 ANSI Standard becomes the exclusive testing standard, all wireless handset models submitted for hearing aid compatibility certification must meet the 2019 ANSI
Standards volume control requirement as well as the other parts of this standard in order to be certified as hearing aid-compatible. Handsets submitted for certification under the 2019 ANSI Standard during the twoyear transition period similarly must meet the volume control requirement and all other requirements of that standard. The Commission notes, however, that handsets submitted for certification under the 2011 ANSI
standard during the transition period will not need to provide volume control capability.
D. Meeting Deployment Benchmarks 30. Consistent with past Commission practice, the Commission adopts its proposal to allow manufacturers and service providers to meet deployment
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benchmark requirements by counting handset models certified under the 2019
ANSI Standard or earlier versions of the standard i.e., the 2007 and 2011
versions of the standard as long as these models are still being offered for sale. If the handset model at issue is still being offered for sale and has been certified as hearing aid-compatible under an applicable ANSI standard, then handset manufacturers and service providers can count that handset for deployment purposes. The decision is consistent with the Commissions standard practice when transitioning to a new or revised technical standard.
With respect to the 2019 ANSI
Standard, for the handset to be certified as hearing aid-compatible over a covered air interface, the handset must meet the requirements for both acoustic and inductive coupling modes for that air interface, including the volume control requirements. CTIA, PCTEST, and Samsung support this approach, and no commenter opposed this proposal.
31. As more and more handset models become certified under the 2019 ANSI
Standard, the Commission expects that handset manufacturers and service providers will replace handset models in their portfolios certified under older versions of the ANSI standard with models certified under the new standard. Handset manufacturers and service providers are required to ensure that 66% of the handset models they offer are hearing aid-compatible, and the Commission anticipates that handsets meeting the 2019 ANSI Standard will be readily available by the end of the transition period. Further, the Commission agrees with commenters that re-testing existing handset models for certification under the 2019 ANSI
Standard could be burdensome and redundant. In addition, if the Commission were to deviate from the precedent of grandfathering existing handset models for benchmark purposes, some handset manufacturers and service providers might be pressed to meet the new deployment benchmarks. The Commission declines to jeopardize compliance with the existing and upcoming deployment benchmarks, which also might deter the offering of older hearing aid-compatible handset models to consumers, particularly in the absence of record evidence from consumers advocating that the Commission act in a different manner. For these reasons, the Commission finds it in the public interest to allow handset manufacturers and service providers to meet deployment benchmarks using all
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handset models certified as hearing aidcompatible as long as these handsets are still offered for sale.
E. Labeling Requirements 32. Consistent with the Congressional directive to ensure that consumers have sufficient information to make informed purchasing decisions when selecting hearing aid-compatible handsets, and in light of the Commissions adoption of the 2019 ANSI Standard and establishment of a transition period, the Commission revises the labeling and disclosure requirements in its rule to make them more informative, consumerfriendly, and less burdensome.
Specifically, the Commission revises the organization of 20.19f of its rules to include a part that addresses package labeling requirements and a part that addresses requirements for package inserts and user manuals. Each part includes requirements for the placement and content of information related to the hearing aid compatibility or volume control capability of wireless handsets, relevant to handsets certified under the 2019 ANSI Standard or an earlier version of the ANSI standard. These requirements generally are consistent with the proposals in the NPRM, except that the Commission modifies its volume control labeling proposal to require that the conversational gain of the handset both with and without a hearing aid be placed on the handsets package label. Further, the Commission elaborates on the explanations that must be included in a hearing aid-compatible handsets package insert or user manual.
33. The Commissions current labeling rule is composed of four parts that address what information has to be included on a hearing aid-compatible handsets package label and what other information must be provided to consumers in other formats. The NPRM
proposed to reorganize the current labeling rule into three parts rather than four parts. After reviewing the record, the Commission determines that organizing the rule into two parts is more in keeping with its goal of streamlining the rule and making it easier to follow. The Commission finds that this reorganization and the revisions to its labeling rule are in the public interest and consistent with the Commissions Congressional directive to ensure that consumers have sufficient information to make informed purchasing decisions when selecting hearing aid-compatible handsets. The revisions allow consumers to easily compare the different functions of hearing aid-compatible handsets when purchasing a new handset, and they allow handset manufacturers and
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