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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Rules and Regulations disclose if a handset model has been certified as hearing aid-compatible over some of its air interfaces or frequency bands but not over all of its air interfaces or frequency bands; in such circumstances, the Commission requires that the prescribed disclosure language currently in its rule continues to be used. Also, consistent with the Commissions proposal, it requires that package inserts and user manuals disclose if a handset has been certified as hearing aid-compatible under special testing circumstances. The Commissions current rule does not prescribe specific disclosure language relating to special testing circumstances and the Commission did not propose any specific language in the NPRM to be used in these circumstances. In the case of one specific instance, however, the Commissions current rule does require that special testing circumstance be disclosed to consumers and that the disclosure explain the impact of these special testing circumstances on the use of the handset. While the Commissions current rule gives handset manufacturers and service providers the discretion to provide the above disclosures to consumers through clear and effective means such as the use of call-out cards or other media, revisions to packaging materials, or supplying of information on websites, the Commission now requires that manufacturers and service providers include this information in package inserts or user manuals.
40. The Commission disagrees with comments suggesting that it should relax the above disclosure requirements and allow handset manufacturers and service providers leeway to modify the prescribed disclosure language related to handsets that are not hearing aidcompatible over all of their air interfaces and frequency bands and to determine when and how this language is included. The prescribed disclosure language currently in the Commissions rule has been a part of its hearing aid compatibility labeling rule since 2010
and has worked well to ensure that consumers receive valuable information.
It allows consumers to educate themselves about the functions and capabilities of hearing aid-compatible handsets and to compare handset models. Further, it protects consumers by using uniform language that is consistent among manufacturers and service providers, and it guarantees notice to consumers to test the handset thoroughly before purchasing it. For instance, this requirement would benefit consumers who are interested in a hearing aid-compatible handset that
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includes non-certified air interfaces operating in frequencies above 6 GHz. In this example, handset manufacturers and service providers must include the required disclosure language in order to make sure that consumers are aware that some of the handsets operations are not certified as hearing aid-compatible under an applicable ANSI standard. The Commission also finds that it is in the public interest for handset manufacturers and service providers to inform consumers when a handset model has been certified as hearing aidcompatible under special testing circumstances and what impact these special testing circumstances have on the use of the handset.
41. The Commission finds that the information that it is requiring to be included in package inserts and user manuals is not too granular, as some commenters argue, and that this information serves a useful purpose.
CTIA and Samsung urge the Commission to give manufacturers and service providers more flexibility in the methods used to convey information on a handsets hearing aid compatibility and volume control capabilities, including providing this information online rather than in the packaging insert or user manual. The Commission agrees with HLAA, however, that consumers may not necessarily visit service provider websites before going to a service providers store and purchasing a hearing aid-compatible handset. Therefore, the Commission requires that package inserts and user manuals be provided with hearing aid compatible handsets that include the information outlined above and that this information not just be provided online.
By requiring the above information to be included in package inserts and user manuals, the Commission ensures that consumers have access to this material.
Handset manufacturers and service providers are also free to provide this information on their publicly accessible websites, and we believe that doing so will benefit consumers by giving them another way to locate information about hearing aid-compatible handsets.
42. The Commissions current rule requires that package inserts and user manuals provide an explanation of the ANSI and volume control rating systems. The Commission finds it in the public interest to continue these requirements. Further, the Commission agrees with HLAA that package inserts and user manuals should explain the old ANSI rating system and the transition to the new system. Given the transition from the M/T rating system, the Commission finds that this information will be helpful to
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consumers as they educate themselves on the differences between hearing aidcompatible handsets. Likewise, an explanation of a handsets volume control capabilities will also be helpful to consumers as they make purchasing decisions.
43. Finally, the Commission declines to adopt call-out card requirements that would require handset manufacturers and service providers to post certain information about their hearing aidcompatible handsets on display in their stores. HLAA asserts that the Commissions labeling requirement should require the use of call-out cards at the point of sale indicating whether a handset is hearing aid-compatible.
CTIA urges the Commission not to impose additional labeling requirements on manufacturers and service providers, including the imposition of in-store printed material requirements. The Commissions current labeling rule does not require the use of call-out cards, and the Commission did not propose to require the use of call-out cards. The Commission declines to further increase the labeling burden on manufacturers and service providers.
F. Service Provider In-Store Testing Requirement 44. The NPRM sought comment on whether the Commission should retain 20.19d4i, which requires service providers to make handsets available to consumers for in-store testing.
Specifically, this section provides that each service provider must make available for consumers to test, in each retail store owned or operated by the provider, all of its handset models that it offers that are hearing aidcompatible. HIA and HLAA urge the Commission to maintain this requirement and the Commission did not receive any comments objecting to it maintaining this requirement. The Commission agrees with HIA and HLAA
that it is in the public interest to maintain the service provider in-store testing requirement. Live in-store testing permits consumers to undertake a preliminary, but important, evaluation of the volume and interference levels of a given handset and minimizes the hassle associated with returning the handset at a later time. Further, this requirement is consistent with the Commissions mandatory disclosure language that encourages consumers to test handsets before making a purchase.
Finally, preserving this requirement may allow consumers to avoid a restocking fee. The Commission finds that keeping the service provider instore testing requirement in place ensures that those with hearing loss
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