23614 Federal Register / Vol. 86, No. 84 / Tuesday, , 2021 / Rules and Regulations

TABLE 1 [Datum NAD 1983]

Event Location Event date

(2) Jordan Valley Freedom All U.S. navigable waters of Lake Charlevoix, near the City of East 26, 2021 from 10 p.m. to Fireworks, East Jordan, MI. Jordan, within the arc of a circle with an approximate 1200-foot ra- 10:30 p.m. dius from the fireworks launch site in position 45°09′18″ N, 085°07′48″ W. (3) Grand Marais Splash In; Grand All U.S. navigable waters within the southern portion of West Bay , 2021 from 2 p.m. to 4 Marais, MI. bound within the following coordinates: 46°40′22.08″ N, p.m. 085°59′0.12″ W, 46°40′22.08″ N, 85°58′22.08″ W, and 46°40′14.64″ N, 85°58′19.56″ W, with the West Bay shoreline forming the South and West boundaries of the zone. (4) of Fireworks Celebra- All U.S. navigable waters of East Moran Bay within an approximate —. tion Fireworks; St. Ignace, MI. 1000-foot radius from the fireworks launch site at the end of the — 4, 10, 17, 24, 31. Starline Mill Slip, centered in position: 45°52′24.62″ N, — 7, 14, 21, 28. 084°43′18.13″ W. — 25. — 2. 9:30 p.m. to 10:30 p.m. * Alternative rain date is following day, if needed.

This action is being taken to provide SUMMARY: In this document, the Federal and released on 22, 2021. The for the safety of life on navigable Communications Commission full text of this document is available for waterways during the fireworks (‘‘Commission’’) incorporates by public inspection online at https:// displays. The regulations for safety reference into its wireless hearing aid www.fcc.gov/edocs. Documents will be zones within the Captain of the Port compatibility rules ANSI C63.19–2019 available electronically in ASCII, Sault Sainte Marie Zone, § 165.918, (2019 ANSI Standard) and ANSI/TIA– Microsoft Word, and/or Adobe Acrobat. apply for these fireworks displays. 5050–2018 (Volume Control Standard). Alternative formats are available for This notice of enforcement is issued These standards will be used to evaluate people with disabilities (Braille, large under authority of 33 CFR 165.918 and the hearing aid compatibility of wireless print, electronic files, audio format, 5 U.S.C. 552 (a). In addition to this handsets. etc.), and reasonable accommodations notice of enforcement in the Federal DATES: (accessible format documents, sign Register, the Coast Guard will provide Effective date: Effective , 2021, language interpreters, CART, etc.) may the maritime community with advance except for amendatory instruction 5 be requested by sending an email to notification of this enforcement period (§ 20.19(f), (h)(1), and (i)) which is [email protected] or call the Consumer & via Broadcast Notice to Mariners or delayed. We will publish a document in Governmental Affairs Bureau at 202– Local Notice to Mariners. If the Captain the Federal Register announcing the 418–0530 (voice), 202–418–0432 (TTY). of the Port Sault Sainte Marie effective date for these revised Incorporation by Reference determines that the safety zone need not provisions. be enforced for the full duration stated Incorporation by reference: The The Office of Federal Register (OFR) in this notice he or she may use a incorporation by reference of certain regulations require that agencies must Broadcast Notice to Mariners to grant standards into the Commission’s discuss in the preamble of a final rule general permission to enter the wireless hearing aid compatibility rules the ways that the materials incorporated respective safety zone. is approved by the Director of the by reference are reasonably available to Federal Register as of June 3, 2021. The interested parties and that interested Dated: 28, 2021. parties can obtain the materials. In A.R. Jones, incorporation by reference of ANSI C63.19–2007 and ANSI C63.19–2011 addition, OFR regulations require that Captain, U.S. Coast Guard, Captain of the the preamble of a final rule summarize Port Sault Sainte Marie. were approved by the Director of the Federal Register as of , 2008 and the material incorporated by reference. [FR Doc. 2021–09264 Filed 5–3–21; 8:45 am] , 2012, respectively. This discussion summarizes and BILLING CODE 9110–04–P Compliance Date: The 1, 2021 indicates the availability of the 2019 volume control requirement deadline in ANSI Standard and the Volume Control § 20.19(b)(1) and (f)(1)(ii) was Standard. ANSI C63.19–2019 (2019 ANSI FEDERAL COMMUNICATIONS suspended as of , 2021. COMMISSION Standard) is officially known as: ADDRESSES: Federal Communications Accredited Standards Committee Commission, 45 L Street NE, ® 47 CFR Parts 2, 20, and 68 C63 —Electromagnetic Compatibility, Washington, DC 20554. American National Standard Methods of [WT Docket No. 20–3; FCC 21–28; FRS FOR FURTHER INFORMATION CONTACT: Eli Measurement of Compatibility Between 17406; 23223] Johnson, [email protected], Wireless Communications Devices and Competition & Infrastructure Policy Hearing Aids (approved , Standards for Hearing Aid-Compatible Division, Wireless Telecommunications 2019). It is an industry approved Handsets Bureau, (202) 418–1395. technical standard for determining AGENCY: Federal Communications SUPPLEMENTARY INFORMATION: This is a hearing aid compatibility between Commission. summary of the Commission’s Report wireless handsets and hearing aids. The and Order in WT Docket No. 20–3, FCC standard is available for inspection at ACTION: Final rule. 21–28, adopted on February 16, 2021 the Federal Communications

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Commission, 45 L Street NE, Reference and Budget (OMB) for review under currently require handset manufacturers Information Center, Room 1.150, section 3507(d) of the PRA. OMB, the to ensure that at least 66% of their Washington, DC 20554, (202) 418–0270. general public, and other Federal handset models are hearing aid- The standard is also available for agencies will be invited to comment on compatible, with that minimum purchase from IEEE Operations Center, the new information collection increasing to 85% on , 2021. 445 Hoes Lane, Piscataway, NJ 08854– requirements contained in this Likewise, national wireless carriers are 4141, by calling (732) 981–0060, or proceeding. This document will be currently required to ensure that at least going to https://standards.ieee.org/. submitted to OMB for review under 66% of their handset models are hearing ANSI/TIA–5050–2018 (Volume section 3507(d) of the PRA. In addition, aid-compatible, with that minimum Control Standard) is officially known as: the Commission notes that, pursuant to increasing to 85% on , 2022. Telecommunications—Communications the Small Business Paperwork Relief These requirements for manufacturers Products—Receive Volume Control Act of 2002, it previously sought, but and service providers are subject to a de Requirements for Wireless (Mobile) did not receive, specific comment on minimis exception. The Commission Devices (approved 17, 2018). It how the Commission might further has stated that it will decide by 2024 is an industry approved technical reduce the information collection whether to require that 100% of standard used to evaluate the volume burden for small business concerns with handsets be hearing aid-compatible. control capabilities of wireless handsets. fewer than 25 employees. The 4. The Commission’s rules also The standard is available for inspection Commission describes impacts that include a volume control requirement, at the Federal Communications might affect small businesses, which adopted in October 2017, which is Commission, 45 L Street NE, Reference includes more businesses with fewer designed to accommodate all people Information Center, Room 1.150, than 25 employees, in the FRFA. with hearing loss, including those who Washington, DC 20554, (202) 418–0270. do not use hearing aids. Under the The standard is also available for Congressional Review Act current rules, beginning on , purchase from Telecommunications The Commission has determined, and 2021, manufacturers must ensure that Industry Association, 1320 North the Administrator of the Office of all wireless handset models newly Courthouse Road, Suite 200, Arlington, Information and Regulatory Affairs, submitted for hearing aid compatibility VA 22201, by calling (703) 907–7700, or Office of Management and Budget, certification are ‘‘equipped with volume by visiting https://global.ihs.com/csf_ concurs, that this rule is ‘‘non-major’’ control that produces sound levels home.cfm?&csf=TIA. under the Congressional Review Act, 5 suitable for persons with hearing loss The Report and Order also references U.S.C. 804(2). The Commission will (including persons with and without two additional standards: ANSI C63.19– include a copy of this Report and Order hearing aids).’’ 2007 and ANSI C63.19–2011. Like the in a report sent to Congress and the 5. The Commission’s hearing aid 2019 ANSI Standard, these standards Government Accountability Office compatibility rules currently are industry approved technical pursuant to the Congressional Review incorporate a 2011 version of ANSI’s standards for determining hearing aid Act, see 5 U.S.C. 801(a)(1)(A). hearing aid compatibility standard (2011 ANSI Standard) to determine if a compatibility between wireless handsets Synopsis and hearing aids. These two standards handset is hearing aid-compatible. In were previously incorporated by 1. The Commission updates its September 2019, the Accredited reference into the Commission’s rules wireless hearing aid compatibility Standards Committee C63®- and that use is unchanged. They are requirements to ensure that tens of Electromagnetic Compatibility (ANSI available from the IEEE at IEEE millions of Americans with hearing loss Committee) asked the Commission to Operations Center, 445 Hoes Lane, have access to the same types of incorporate the 2019 ANSI Standard Piscataway, NJ 08854–4141, by calling technologically advanced handsets as into the Commission’s wireless hearing (732) 981–0060, or going to https:// those without hearing loss. aid compatibility rules. The 2019 ANSI standards.ieee.org/. 2. Recently, a new ANSI standard (the Standard makes several significant 2019 ANSI Standard) was developed revisions in the processes for Regulatory Flexibility Act through a voluntary, consensus-driven determining the compatibility between The Regulatory Flexibility Act of approach. The new standard requires wireless handsets and hearing aids. 1980, as amended (RFA), requires that that the handset meet volume control Specifically, the 2019 ANSI Standard an agency prepare a regulatory specifications, applies to a wider range requires that handsets meet volume flexibility analysis for notice and of frequency bands and technologies, control specifications in order to be comment rulemakings, unless the replaces the current rating system with considered hearing aid-compatible agency certifies that ‘‘the rule will not, a more consumer-friendly approach, under that standard. In order to pass the if promulgated, have a significant and harmonizes testing methodologies volume control requirement, a handset economic impact on a substantial with international standards. must meet a two-part test. The first part number of small entities.’’ Accordingly, 3. The Commission’s rules require of the requirement tests for the Commission prepared a Final both device manufacturers and service conversational gain with a hearing aid, Regulatory Flexibility Analysis (FRFA) providers to offer consumers a and the second part of the requirement concerning the possible impact of the minimum number of wireless handset tests for conversational gain without a rule changes contained in this Report models that meet specified technical hearing aid. To pass the first part of the and Order. standards for compatibility with requirement, a handset must have at different types of hearing aids through least 6 dB of conversational gain with a Paperwork Reduction Act acoustic coupling and inductive hearing aid, and to pass the second part The requirements in revised coupling. Manufacturers and service of the requirement, a handset must have § 20.19(f), (h)(1), and (i) constitute new providers must offer a minimum at least 18 dB of conversational gain or modified collections subject to the number of compliant handset models without a hearing aid. In addition, the Paperwork Reduction Act of 1995 for each ‘‘air interface’’ based on the 2019 ANSI Standard addresses (PRA), Public Law 104–13. They will be total number of handset models that additional technologies and devices submitted to the Office of Management they offer. The Commission’s rules operating in a wider frequency range of

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614 MHz to 6 GHz, which now includes the Commission makes corresponding operate at the equivalent of the M3/T3 the 614–698 MHz band made available implementation changes to its rules, and levels or better even though the new for wireless use by the repacking of refines its hearing aid compatibility standard does not use the category television broadcast operations. Further, labeling requirements. Finally, the rating system. The ANSI committee the 2019 ANSI Standard replaces the Commission removes past transition eliminated the category rating system present numerical M/T rating system dates and benchmarks and make other because hearing aid users found it to be with a set of requirements and technical changes to the rules. confusing. Under the new standard, a thresholds that determines handset is certified as hearing aid- A. Codification of the 2019 ANSI compatibility. The 2019 ANSI Standard compatible without an assigned rating. Standard also reduces the testing burden on Further, the new standard reduces handset manufacturers by allowing 8. As proposed in the NPRM, the testing burdens for wireless handset them to perform certain simple tests Commission adopts the 2019 ANSI manufacturers by allowing certain first to determine compatibility with Standard and the ANSI/TIA Volume simple tests be done first to determine acoustic coupling (which may eliminate Control Standard and incorporates the compatibility with acoustic coupling, the need to perform more time- new standards into the Commission’s while maintaining an exemption from consuming tests); the new standard also hearing aid compatibility rules by radiofrequency testing for low power air reduces the testing burden on hearing reference as the exclusive technical interfaces. Finally, the new standard aid manufacturers by conforming testing standards for evaluating the hearing aid also harmonizes with other protocols for hearing aids with compatibility of wireless handsets and international hearing aid standards, international standards. The ANSI volume control after a two-year which helps reduce regulatory burdens Committee asserts that, as a result of transition from the 2011 ANSI Standard. for hearing aid manufacturers. Based on these changes, the new standard will The Commission has long recognized these enhancements to the ANSI improve the experience of hearing aid that its hearing aid compatibility rules standard, the Commission finds that users, including those who use cochlear should evolve as revisions to the ANSI incorporating the 2019 ANSI Standard implants, while at the same time standards are developed over time. The into its rules is in the public interest. reducing testing burdens. Commission has encouraged the ANSI 10. The Commission notes that 6. In January 2020 (85 FR 13119, Committee to work with relevant commenters broadly support , 2020), the Commission stakeholders to review hearing aid incorporation of the new standard into released a notice of proposed compatibility issues periodically and to its rules. Consumer organizations rulemaking (NPRM or 2020 ANSI determine whether improvements to the strongly support implementation of the Standard NPRM) proposing to adopt the standard are warranted. The 2019 ANSI Standard. Industry 2019 ANSI Standard as the exclusive Commission appreciates the work the organizations report that the new testing standard for determining the ANSI Committee has undertaken with standard will encourage competition compatibility of wireless handsets and a respect to developing the 2019 ANSI and advance the public interest and two-year transition from the current Standard, and the Commission applaud the Commission for ensuring 2011 ANSI Standard. The NPRM also incorporates the new standard into its the availability of wireless handsets that sought comment on whether to continue rules by concluding, pursuant to section will meet the needs of individuals with to maintain the exemption from hearing 710 of the Communications Act, that hearing loss. Industry commenters agree aid compatibility requirements for those compliance is necessary to ensure that adopting the new standard will wireless handsets operating with reasonable access to telephone service simplify testing and reporting frequencies above 6 GHz. In addition, by persons with impaired hearing. requirements, which will benefit both the Commission proposed to extend the 9. The new standard improves the consumers and manufacturers. current deadline for implementing measurement of potential hearing aid 11. Schmid and Partner Engineering volume control requirements so that it interference and, as a result, improves AG (Schmid), a manufacturer of hearing aligns with the date that the 2019 ANSI the listening experience for those who aid compatibility testing equipment, Standard becomes the exclusive testing use hearing aids. Further, for the first raises technical concerns about certain standard for hearing aid compatibility. time, the standard incorporates a testing requirements for measuring The NPRM also sought comment on volume control requirement that will compatibility with acoustic and updating the rules to make changes provide significant benefits to persons inductive coupling under the new related to implementing the 2019 ANSI with hearing loss, whether or not they standard. Specifically, regarding testing Standard, particularly with respect to use hearing aids. In addition, the new of acoustic coupling, Schmid argues that labeling and disclosure and to remove standard covers new technologies and the 2019 ANSI Standard should not unnecessary or superseded rule devices and expands the covered permit the use of D-Dot probes for provisions. The NPRM generally sought frequency range from the current measuring radiofrequency emissions comment on whether these proposals frequency range of 698 MHz to 6 GHz because such probes will lead to would improve the experience of to a new frequency range from 614 MHz inconsistent results, as compared to the hearing aid users as well as reduce to 6 GHz. This expanded frequency use of isotropic probes manufactured by regulatory burdens for handset range means that handsets operating in Schmid. With regard to the testing of manufacturers and service providers. the frequencies assigned in the inductive coupling, Schmid argues that 7. In this Report and Order, the Commission’s Broadcast Incentive the desired and ambient (noise) Commission incorporates the 2019 Auction can also be certified as hearing undesired T-Coil magnetic field limits ANSI Standard into its rules and makes aid-compatible over those frequencies. set forth in the 2019 ANSI Standard, it the exclusive testing standard for The new standard also eliminates the which Schmid alleges are more determining hearing aid compatibility current numerical M/T rating system, restrictive than the limits set forth in the after a two-year transition. In addition, which hearing aid users found to be 2011 ANSI Standard, could lead to the Commission extends the current confusing, and replaces it with a more unclear testing results and increased volume control deadline so that it consumer-friendly system. Under this testing burden and costs. coincides with the start of the exclusive new system, a handset certified as 12. As an initial matter, the use of the 2019 ANSI Standard. Further, hearing aid-compatible is considered to Commission notes that both areas of

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

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established policy of allowing all under the 2011 ANSI Standard rather 25. Exclusive Use of a Standard. relevant parties to work through the than the 2019 ANSI Standard. CTIA, Consistent with the Commission’s long- ANSI process to develop a consensus- PCTEST, and Samsung support a two- established certification practice, driven standard that the Commission year transition period for manufacturers manufacturers will continue to be may consider for purposes of before requiring the exclusive use of the required to test a new handset model incorporating into its rules and new testing standard. Further, as exclusively under either the 2011 ANSI potentially lifting the current statutory Samsung and PCTEST state, a two-year Standard or the 2019 ANSI Standard exemption. transition period will allow sufficient during the transition period. Once the 20. Certification of Handsets with time for test labs and manufacturers to transition period ends, new handset Non-Covered Operations. As proposed make the upgrades necessary to comply models can only be certified using the in the NPRM, the Commission will with the new standard. 2019 ANSI Standard; these models must maintain § 20.19(b)(3)(i) of its rules, 23. The Commission disagrees with meet all aspects of the standard, which provides that a handset model is CTIA’s suggestion that service providers including the volume control considered hearing aid-compatible if it should be given an additional year to requirements, over all covered is certified as hearing aid-compatible transition to the new testing standard. frequency bands to be considered under an applicable technical standard While CTIA supports a two-year hearing aid-compatible. for all covered air interfaces and transition period for manufacturers, it 26. 100% Finding. The Commission frequency bands even though the argues that service providers need also finds that adopting a two-year handset may also allow operations on additional time to conduct trials and transition period does not require us at air interfaces and frequency bands not otherwise to test on their networks those this time to adjust the future timeframe covered by that technical standard. handsets certified under the new for the Commission to consider whether CTIA supports this approach. Further, standard. CTIA claims that these trials to require 100% of covered handsets to consistent with past practice, if a can only begin after manufacturers be hearing aid-compatible. In handset model certified as hearing aid- design and test devices to the new 2015, interested parties agreed to form compatible under an outdated standard standard; therefore, it requests that the an independent task force or consensus is later submitted for a Class II Commission allow service providers an group to provide for a process to move permissive change, as defined by the additional 12- transition period away from the current fractional Commission’s rules, after the end of the beyond what the Commission is benchmark regime, with the ultimate transition period that handset model adopting for device manufacturers. In goal of 100% compatibility—subject to would have to be updated and support of its position, CTIA draws an the Commission’s assessment of recertified under the 2019 ANSI analogy to when the Commission whether such 100% compatibility is Standard. imposes new deployment benchmarks achievable. The task force’s final report on handset manufacturers and service is presently due by 31, 2022, B. Transition Period providers that require them to increase and the Commission has stated its intent 21. Two-Year Transition Period. The the number of hearing aid-compatible to make a final determination on Commission adopts the proposal in the handset models that they offer for sale. whether 100% compatibility is NPRM to make the 2019 ANSI Standard CTIA, however, does not cite any achievable by no later than 2024. In the the exclusive testing standard after a Commission precedent for granting NPRM, the Commission sought two-year transition period. The two-year service providers additional time to comment on what effect the proposed phase-in period for this new standard meet a new ANSI standard. transition period could have on the will begin on the effective date of the 24. Contrary to the situation in which 2024 timeframe for it to consider final rule. After this two-year transition the Commission imposes new handset whether to require 100% of covered period expires, handset manufacturers deployment benchmarks, the handsets to be hearing aid-compatible. and service providers may only use the Commission is not requiring service 27. HIA argues that adoption of the 2019 ANSI Standard to certify new providers to offer a certain number of new testing standard should not be used handset models as hearing aid- handsets certified under the new ANSI to justify extending the pending 2024 compatible. The Commission previously standard and, therefore, there is no need finding. But CTIA and Samsung assert has relied on a two-year transition to extend the service provider transition that it is too soon in the transition to period when transitioning to new period. Even though after the two-year assess whether the new standard will technical standards. The Commission transition new handset models must be affect the Commission’s ability to decide finds that using a two-year transition certified as hearing aid-compatible by 2024 whether 100% compatibility is period again is in the public interest. A using the new ANSI standard, service achievable. CTIA further contends that two-year transition period appropriately providers can continue offering the Commission should not make this balances the design, engineering, and handsets certified under older ANSI determination before receiving the task marketing requirements of standards to meet deployment force’s recommendation. The Hearing manufacturers and service providers benchmarks until they are ready to offer Loss Association of America (HLAA), with the needs of consumers with handset models certified under the new while not taking a position with respect hearing loss. standard. Further, delaying the service to extending the date for the pending 22. During the two-year transition provider transition period by an 100% finding, states that it ‘‘strongly period, handset manufacturers and additional year would delay consumers’ believe[s] that one-hundred percent service providers may use either the receipt of the benefits of the new testing [hearing aid compatibility] offerings 2011 or the 2019 ANSI Standard when standard, including the much-needed should continue to be the goal.’’ The certifying new handset models. This benefits of the new wireless volume Commission agrees that 100% approach is consistent with past control standard. Accordingly, the compatibility is the goal and that it is practice, and it takes into consideration Commission finds that providing an too early in the transition to the new the typical handset industry product additional year for service providers to ANSI standard for us to determine development cycle. There already may transition to the 2019 ANSI Standard is whether an adjustment to the 100% be new handset models in the design unnecessary and would not benefit achievability timeline is warranted. The phase that are based on being certified consumers. Commission will continue to monitor

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

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service providers flexibility in designing become less relevant to consumers after be met both with and without hearing their own package labels and conveying the transition period. Further, aids. Accordingly, the Commission supplemental information. Commenters consumers may not realize that a requires handset manufacturers and uniformly support the Commission’s handset labeled as hearing aid- service providers to include on a proposal to streamline and modernize compatible but without a rating has hearing aid-compatible handset’s the labeling rule and to make labels, actually been certified under a more package label the handset’s actual package inserts, and user manuals more recent testing standard that may provide conversational gain both with and informative, consumer-friendly, and less a better listening experience than a without hearing aids if the handset is burdensome. The Commission handset with an M/T rating. The ANSI certified using the 2019 ANSI Standard. addresses each of these requirements in Committee eliminated the numerical M/ Consistent with § 20.19(f)(1)(ii), in cases turn below. T rating system to make purchasing a where the actual conversational gain 34. Package Label. Consistent with hearing aid-compatible handset more with a hearing aid differs depending on the NPRM, the Commission modifies consumer friendly. Finally, handset the air interfaces or frequency band § 20.19(f)(1)(i) and (ii) to require a manufacturers and service providers being used, the package label should hearing aid-compatible handset’s will be phasing-out handsets that have include the lowest actual conversational package label to expressly state that the M/T ratings. The Commission did not gain with a hearing aid. Having the handset is hearing aid-compatible and receive any comments objecting to this actual conversational gain both with to quantify the handset’s volume control approach. For these reasons, the and without hearing aids on the package capability if the handset is certified Commission finds it is in the public label will benefit consumers who use using the 2019 ANSI Standard. These interest to move the rating labeling hearing aids and those who do not use requirements ensure that the most requirement from the package label to hearing aids but have hearing loss. pertinent consumer information is the package insert or user manual. 38. Package Inserts and User placed on the handset’s package label. Consistent with our current rule, we Manuals. Consistent with the Consumers will be able to quickly will continue to require that the ANSI Commission’s labeling proposal, the ascertain whether a handset is hearing rating that is included in the package Commission requires handset aid-compatible and to identify the insert or user manual be the lowest manufacturers and service providers to handset’s volume control capabilities if rating the handset achieves if it has include the following information in it is certified using the 2019 ANSI different ratings over its air interfaces or package inserts or user manuals for Standard. Consumers who are interested frequency bands. hearing aid-compatible handsets: (1) in more detailed information about a 36. Consistent with the Commission’s That the handset is hearing aid- handset’s capabilities will be able to proposal in the NPRM, it also requires compatible; (2) the ANSI standard used find this additional information in the a handset’s package label to include the to determine the hearing aid user manual or package insert. handset’s volume control capabilities compatibility of the handset model’s air 35. Section 20.19(f)(1)(i) of the when the handset has been certified interfaces and frequency bands; (3) if Commission’s current rule requires using the 2019 ANSI Standard. Because using the 2011 ANSI Standard or an handset manufacturers and service the 2019 ANSI Standard articulates earlier version of the standard, the providers to ensure that the package certain details that are not reflected in lowest hearing aid compatibility rating label for hearing aid-compatible the Commission’s current volume assigned to any of the covered air handsets identifies the handset as control label requirement adopted in interfaces or frequency bands; (4) the air hearing aid-compatible by displaying 2017, certain commenters have asked interfaces or frequency bands on the handset’s ANSI rating. We decline to for clarification of the current volume handsets that are not certified to be adopt one commenter’s request to control label requirement. Specifically, hearing aid-compatible, if applicable, or change the term ‘‘hearing aid- § 20.19(f)(1)(ii) states that, if a ‘‘handset have been determined to be hearing aid- compatible’’ to ‘‘telecoil’’ or ‘‘T-Coil’’ in has been certified as compliant with a compatible under special testing our rule. Such a change is unnecessary technical standard that specifies circumstances; and (5) if a handset and may cause further confusion by acceptable numerical metrics or model was not certified as hearing aid- specifying a single technology. Our use qualitative ratings for handset volume compatible over all of its air interfaces of ‘‘hearing aids’’ or ‘‘hearing aid users’’ control, the labeling shall include the or frequency bands, a prescribed refers to ‘‘cochlear implants’’ or ‘‘users relevant volume control metrics or disclosure notifying consumers of this of cochlear implants.’’ The ratings.’’ Samsung asks the Commission fact and that they should test the Commission’s revised rule maintains to clarify that a handset is compliant handset thoroughly and in different the requirement that handset with the volume control label locations. In addition, consistent with manufacturers and service providers requirement if the label states that it the Commission’s current labeling rule, identify hearing aid-compatible ‘‘provides over 6 dB of conversational package inserts and user manuals for handsets by requiring the package label gain.’’ PCTEST states that, although it hearing aid-compatible handsets must to state that the handset is hearing aid- understands the benefits of Samsung’s include an explanation of the ANSI compatible. As proposed in the NPRM, proposal, it would be better for rating system as well as an explanation the Commission moves the required consumers if the Commission required of a handset’s volume control disclosure of the ANSI rating from the package labels to list the actual amount capabilities. Further, if an air interface package label to the package insert or of conversational gain. has been determined to be hearing aid- user manual. The Commission makes 37. The Commission modifies its compatible under special testing this change in recognition of the fact existing volume control label rule by circumstances, the package insert or that the 2019 ANSI Standard does not removing the language regarding metrics user manual must disclose this use the numerical M/T rating system of and qualitative rating and replacing it information to consumers and explain older standards. Under the new with actual conversational gain testing how this affects the use and operation standard, a handset is assessed as either results. The volume control standard of the handset. hearing aid-compatible or not without that the Commission incorporates into 39. Further, consistent with the receiving a numerical rating. its rules tests for volume control using Commission’s proposal, it requires Accordingly, the numerical ratings will a conversational gain standard that must package inserts and user manuals to

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disclose if a handset model has been includes non-certified air interfaces consumers as they educate themselves certified as hearing aid-compatible over operating in frequencies above 6 GHz. In on the differences between hearing aid- some of its air interfaces or frequency this example, handset manufacturers compatible handsets. Likewise, an bands but not over all of its air and service providers must include the explanation of a handset’s volume interfaces or frequency bands; in such required disclosure language in order to control capabilities will also be helpful circumstances, the Commission requires make sure that consumers are aware that to consumers as they make purchasing that the prescribed disclosure language some of the handset’s operations are not decisions. currently in its rule continues to be certified as hearing aid-compatible 43. Finally, the Commission declines used. Also, consistent with the under an applicable ANSI standard. The to adopt call-out card requirements that Commission’s proposal, it requires that Commission also finds that it is in the would require handset manufacturers package inserts and user manuals public interest for handset and service providers to post certain disclose if a handset has been certified manufacturers and service providers to information about their hearing aid- as hearing aid-compatible under special inform consumers when a handset compatible handsets on display in their testing circumstances. The model has been certified as hearing aid- stores. HLAA asserts that the Commission’s current rule does not compatible under special testing Commission’s labeling requirement prescribe specific disclosure language circumstances and what impact these should require the use of call-out cards relating to special testing circumstances special testing circumstances have on at the point of sale indicating whether and the Commission did not propose the use of the handset. a handset is hearing aid-compatible. any specific language in the NPRM to be 41. The Commission finds that the CTIA urges the Commission not to used in these circumstances. In the case information that it is requiring to be impose additional labeling requirements of one specific instance, however, the included in package inserts and user on manufacturers and service providers, Commission’s current rule does require manuals is not too granular, as some including the imposition of in-store that special testing circumstance be commenters argue, and that this printed material requirements. The disclosed to consumers and that the information serves a useful purpose. Commission’s current labeling rule does disclosure explain the impact of these CTIA and Samsung urge the not require the use of call-out cards, and special testing circumstances on the use Commission to give manufacturers and the Commission did not propose to of the handset. While the Commission’s service providers more flexibility in the require the use of call-out cards. The current rule gives handset methods used to convey information on Commission declines to further increase manufacturers and service providers the a handset’s hearing aid compatibility the labeling burden on manufacturers discretion to provide the above and volume control capabilities, and service providers. including providing this information disclosures to consumers through clear F. Service Provider In-Store Testing online rather than in the packaging and effective means such as the use of Requirement insert or user manual. The Commission call-out cards or other media, revisions 44. The NPRM sought comment on to packaging materials, or supplying of agrees with HLAA, however, that consumers may not necessarily visit whether the Commission should retain information on websites, the § 20.19(d)(4)(i), which requires service Commission now requires that service provider websites before going to a service provider’s store and providers to make handsets available to manufacturers and service providers consumers for in-store testing. include this information in package purchasing a hearing aid-compatible handset. Therefore, the Commission Specifically, this section provides that inserts or user manuals. requires that package inserts and user ‘‘[e]ach service provider must make 40. The Commission disagrees with manuals be provided with hearing aid available for consumers to test, in each comments suggesting that it should compatible handsets that include the retail store owned or operated by the relax the above disclosure requirements information outlined above and that this provider, all of its handset models that and allow handset manufacturers and information not just be provided online. [it offers that are hearing aid- service providers leeway to modify the By requiring the above information to be compatible].’’ HIA and HLAA urge the prescribed disclosure language related included in package inserts and user Commission to maintain this to handsets that are not hearing aid- manuals, the Commission ensures that requirement and the Commission did compatible over all of their air interfaces consumers have access to this material. not receive any comments objecting to and frequency bands and to determine Handset manufacturers and service it maintaining this requirement. The when and how this language is providers are also free to provide this Commission agrees with HIA and HLAA included. The prescribed disclosure information on their publicly accessible that it is in the public interest to language currently in the Commission’s websites, and we believe that doing so maintain the service provider in-store rule has been a part of its hearing aid will benefit consumers by giving them testing requirement. Live in-store testing compatibility labeling rule since 2010 another way to locate information about permits consumers to undertake a and has worked well to ensure that hearing aid-compatible handsets. preliminary, but important, evaluation consumers receive valuable information. 42. The Commission’s current rule of the volume and interference levels of It allows consumers to educate requires that package inserts and user a given handset and minimizes the themselves about the functions and manuals provide an explanation of the ‘‘hassle’’ associated with returning the capabilities of hearing aid-compatible ANSI and volume control rating handset at a later time. Further, this handsets and to compare handset systems. The Commission finds it in the requirement is consistent with the models. Further, it protects consumers public interest to continue these Commission’s mandatory disclosure by using uniform language that is requirements. Further, the Commission language that encourages consumers to consistent among manufacturers and agrees with HLAA that package inserts test handsets before making a purchase. service providers, and it guarantees and user manuals should explain the Finally, preserving this requirement notice to consumers to test the handset old ANSI rating system and the may allow consumers to avoid a thoroughly before purchasing it. For transition to the new system. Given the restocking fee. The Commission finds instance, this requirement would benefit transition from the M/T rating system, that keeping the service provider in- consumers who are interested in a the Commission finds that this store testing requirement in place hearing aid-compatible handset that information will be helpful to ensures that those with hearing loss

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have a meaningful opportunity and ensure handset manufacturers and are up-to-date as of the last day of the sufficient time to identify and become service providers met their deployment calendar month preceding the due date comfortable with a handset before benchmarks using a diverse mixture of of each report and certification. In purchasing it. handsets rather than relying exclusively addition to moving the compliance on entry level or top-of-the line filing dates, we also change the G. Other Rule Changes and Removing offerings. The Commission’s current compliance filing requirement for Outdated Rules deployment benchmarks have manufacturers to read that they ‘‘shall 45. Diverse Handset Offerings. The eliminated this concern. In fact, handset submit Form 655 reports on compliance Commission adopts the Commission’s manufacturer compliance reports show with the requirements of this section proposal to eliminate the ‘‘refresh’’ and that more than 89% of the new handset . . . .’’ Currently, this requirement ‘‘differing levels of functionality’’ models manufacturers offered between reads that they ‘‘shall submit [Form 655] requirements set forth in , 2019 and , 2020 are reports on efforts toward compliance § 20.19(c)(1)(ii), (c)(4)(ii), and (d)(4)(ii), hearing-aid compatible. Some with the requirements of this section which require handset manufacturers manufacturers, such as Samsung, ensure . . . .’’ 47 CFR 20.19(i)(1) (emphasis and service providers to update their that all of their handsets are hearing aid- added). This change matches the selection of hearing aid-compatible compatible. Given these facts, the language used for service providers and handsets periodically. Under the Commission eliminates the ‘‘refresh’’ the ‘‘efforts toward’’ compliance ‘‘differing levels of functionality’’ and and ‘‘differing levels of functionality’’ language is unnecessary in that ‘‘reports ‘‘refresh’’ rules, manufacturers and requirements in § 20.19(c)(1)(ii), on compliance’’ necessarily includes service providers must offer hearing aid- (c)(4)(ii), and (d)(4)(ii) because they no ‘‘efforts toward compliance.’’ This compatible handsets that contain the longer serve their intended purpose. change also takes into consideration the same range of features and functions 47. Certification and Reporting Dates. national holidays at the beginning of contained in handsets offered to hearing The Commission adopts its proposal to January and July. CTIA and Samsung people. This rule was adopted to ensure revise the date by which service support these changes, and no that people with hearing loss have providers must file certifications of commenter opposed these revisions. similar choices in types of handsets as compliance with the Commission’s 49. Removal of Outdated Rules. The consumers without hearing loss. The hearing aid compatibility provisions Commission adopts its proposal to Commission’s current benchmark and the date that manufacturers must remove from the hearing aid deployment rules, however, render file compliance reports pursuant to compatibility rules past transition dates these rules unnecessary, and the § 20.19(i)(1). Presently, service and outdated benchmarks, and to Commission eliminates these providers must file a short form correct clerical errors in the rules. These requirements from its rules, including certifying that they are in compliance modifications to the hearing aid the requirement that service providers with the Commission’s hearing aid compatibility provisions will simplify make available on their websites compatibility provisions by the rules and make them easier to read information about the ‘‘differing levels each year, and handset manufacturers and understand. CTIA and Samsung of functionality’’ of each handset they must file a longer form showing support these changes and no offer. The Commission’s current compliance with these provisions by commenter opposed these revisions. deployment benchmarks require 66% of each year. The filing window for 50. Section 68.300. The Commission handsets to be hearing aid-compatible the certifications and reports opens 30 also adopts its proposal to make a and, in the near future, will require 85% days prior to the filing deadline. The technical correction to § 68.300 of the of all handsets to be hearing aid- Commission uses these certifications Commission’s rules that addresses compatible. The Commission’s and reports as the primary method of hearing aid-compatible labeling deployment benchmarks ensure that ensuring that handset manufacturers requirements for wireline telephones. consumers with hearing loss have and service providers are complying This correction restores a definition that robust choices in hearing aid- with the Commission’s hearing aid was erroneously deleted from prior compatible handsets. CTIA and compatibility rules. versions of the rule. No one filed Samsung agree that these requirements 48. Section 20.19(i)(1) requires that comments on this proposed correction. are no longer necessary given the large each certification and report must be When the Commission amended part 68 number of hearing aid-compatible up-to-date as of the last day of the of the rules in 2000 to remove various handsets on the market. calendar month preceding the due date provisions pertaining to registration of 46. HLAA warns that eliminating of each certification or report. To ensure terminal equipment connected to the these requirements could reduce the that service providers’ certifications and public switched telephone network, it incentives for manufacturers and service handset manufacturers’ reports meet appears that a definition of the term providers to offer new hearing aid- this requirement, the Commission ‘‘permanently affixed,’’ which is compatible handsets; it asserts that moves the service provider certification relevant to the labeling requirement, these requirements should stay in place due date from January 15 to was inadvertently deleted. To address until service providers are required to each year and the handset manufacturer this technical error, the Commission offer 100% hearing aid-compatible report due date from July 15 to amends § 68.300(b) to include the same handsets. The Commission finds, each year. If January 31 or July 31 fall definition currently provided in however, that its deployment on a weekend, the due date for the § 68.502(a) for ‘‘permanently fixed.’’ benchmarks will ensure that certification or report will be the first 51. Permanently affixed means that manufacturers and service providers business day immediately following the the label is etched, engraved, stamped, continue to have incentives to offer weekend. These revised filing deadlines silkscreened, indelibly printed, or hearing aid-compatible handsets. The mean that the filing window for service otherwise permanently marked on a Commission adopted the ‘‘refresh’’ and providers will open the first business permanently attached part of the ‘‘differing levels of functionality’’ day in January and the filing window equipment or on a nameplate of metal, requirements at a time when its for manufacturers will open the first plastic, or other material fastened to the deployment benchmarks were much business day in July. This change will equipment by welding, riveting, or a lower. At that time, there was a need to ensure that the certifications and reports permanent adhesive. The label must be

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designed to last the expected lifetime of manufacturers and service providers Response to Comments by the Chief the equipment in the environment in before requiring the exclusive use of the Counsel for Advocacy of the Small which the equipment may be operated new standard and aligns the volume Business Administration and must not be readily detachable. The control implementation deadline with 56. Pursuant to the Small Business Commission also deletes from § 68.300 the end of this two-year transition. The Jobs Act of 2010, which amended the the stated compliance date of , Report and Order allows manufacturers RFA, the Commission is required to 1997, given the length of time that has and service providers to continue to respond to any comments filed by the passed since that date and given that no meet deployment benchmarks with any Chief Counsel for Advocacy of the Small one commented on this proposed handset certified as hearing aid- Business Administration (SBA) and to deletion. compatible, regardless of the ANSI provide a detailed statement of any Final Regulatory Flexibility Analysis standard that was used for certification change made to the proposed rules as a purposes. Consistent with the hearing result of those comments. 52. As required by the Regulatory aid-compatibility rule that was in effect 57. The Chief Counsel did not file Flexibility Act of 1980, as amended prior to adoption of the Report and comments in response to the proposed (RFA), an Initial Regulatory Flexibility Order, the new rules: (i) Require that a rules in this proceeding. Analysis (IRFA) was incorporated in the handset’s package label indicate that the 2020 ANSI Standard NPRM released in phone is hearing aid compatibility List of Small Entities to Which the Rules January 2020. The Commission sought compliant and must provide the Will Apply written public comment on the handset’s amplification capability if the 58. The rules adopted in this proposals in the 2020 ANSI Standard handset is certified using the 2019 ANSI document will affect the following types NPRM, including comments on the Standard, including actual of small entities: IRFA. The Commission did not receive conversational gain both with and comments specifically directed as a Radio and Television Broadcasting and without hearing aids if the handset is Wireless Communications Equipment response to the IRFA. This present Final certified using the 2019 ANSI Standard Manufacturing. Regulatory Flexibility Analysis (FRFA) and the handset’s volume control Part 15 Handset Manufacturers. conforms to the RFA. capabilities when the handset has been Wireless Telecommunications Carriers certified using the 2019 ANSI Standard; (except Satellite). Need for, and Objectives of, the Report Wireless Resellers. and Order (ii) require that the user manual or 53. In the Report and Order, the package insert display the handset’s Description of Projected Reporting, Commission incorporates the 2019 ANSI rating and include information Recordkeeping, and Other Compliance ANSI Standard as the exclusive explaining the change in the hearing Requirements for Small Entities technical standard for evaluating the aid-compatibility rating system under 59. The rule changes adopted in the hearing aid compatibility of wireless the new standard; and (iii) include a Report and Order may impose some handsets. In addition to including a prescribed disclosure when a handset new reporting, recordkeeping, or other volume control standard as part of the meets hearing aid compatibility compliance requirements on some small new standard, the 2019 ANSI Standard standards on some of its air interfaces, entities. The Report and Order adopts requires testing that will improve a but not on all of its air interfaces. The the 2019 ANSI Standard as the hearing aid user’s experience, including Report and Order also maintains the in- exclusive technical standard for those who use cochlear implants. The store testing requirement applicable to evaluating if a wireless handset is new standard addresses new service providers so that those with hearing aid-compatible under the technologies and devices operating in hearing loss have an opportunity to Commission’s rules. The new standard the frequency range of 614 MHz to 6 become comfortable with a handset reduces the testing burden, uses a GHz, harmonizes testing methodologies before purchasing it. simple set of limits rather than the with international standards, and uses a 55. Finally, the Report and Order M/T category system for handsets as simple set of requirements and streamlines the wireless hearing aid well as hearing aids, achieves thresholds rather than the M/T rating compatibility rules by eliminating harmonization with other hearing aid system used by the 2011 ANSI Standard unnecessary and outdated provisions. standards, and makes some additional to determine hearing aid compatibility. For example, the Report and Order test procedure-related changes to The Commission anticipates that using simplifies the labeling rules to remove improve the consumer experience. the 2019 ANSI Standard to determine the ‘‘refresh’’ and ‘‘differing levels of 60. The Report and Order replaces the whether a handset is hearing aid- functionality’’ requirements and to 2011 ANSI Standard with the 2019 compatible for purposes of the delete references to implementation ANSI Standard after a two-year Commission’s rules will serve the dates and benchmarks that have passed. transition period. During the transition public interest by establishing standards Eliminating these references will period, handset models meeting either for new devices and operations over simplify the rules and make them easier the 2011 ANSI Standard or 2019 ANSI additional frequency bands. New testing to read and understand. The Report and Standard will continue to be certified as methodologies in the 2019 ANSI Order also aligns the definition of hearing aid-compatible by handset Standard should also improve the ‘‘permanently affixed’’ to ensure that manufacturers and service providers measurement of potential hearing aid hearing aid compatibility labeling under the Commission’s rules. interference. The new standard no requirements are consistent for both Certifications issued before and within longer uses the M/T category system, PSTN telephones and telephonic the transition period, including achieves harmonization with other customer premises equipment used for certifications under the 2011 ANSI hearing aid standards, and changes advanced communications services. Standard and any earlier versions of several testing procedures meant to Additionally, the Report and Order ANSI C63.19, will remain hearing aid- improve the consumer experience and moves the compliance filing deadlines compatible. As a result, manufacturers reduce testing burdens. from January 15 to January 31 for will not need to retest or recertify 54. The Report and Order adopts a service providers and from July 15 to existing handset models as hearing aid- two-year transition period for July 31 for manufacturers. compatible. The Report and Order also

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harmonizes the deadline for exclusive supplemental information in a way that preceding the due date of each report use of the new standard with the March best meets their needs. For hearing aid- and certification. 1, 2021 volume control deadline compatible handsets, the handset’s 68. Small entities may be required to required by the Commission’s current package label must state that the hire attorneys, engineers, consultants, or rules. handset is hearing aid-compatible and other professionals to comply with the 61. The adoption of the 2019 ANSI must provide the handset’s rule changes adopted in the Report and Standard for wireless handsets and amplification capability if the handset is Order. The Commission does not elimination of the currently applicable certified using the 2019 ANSI Standard. believe, however, that the costs and/or standard after a transition period will The Report and Order also requires administrative burdens associated with alter the compliance obligations of handset manufacturers and service any of the rule changes will unduly wireless handset manufacturers and providers to include in package inserts burden small entities because the service providers that are small entities, or user manuals more detailed adopted 2019 ANSI Standard for as well as all other wireless handset information about the hearing aid evaluating the hearing aid compatibility manufacturers and service providers, by compatibility of the handset, including of wireless handsets was developed in requiring them to use a different method information about the ANSI standard collaboration with the industry through for testing and evaluating wireless used, an explanation of the ANSI rating a voluntary, consensus-driven approach handset compliance, including with a system, and an explanation of a and is broadly supported by the new volume control requirement. handset’s volume control amplification industry, and expanding the frequency 62. The 2019 ANSI Standard applies capabilities. bands covered by the standard and to wireless handsets in a wider 65. The Report and Order maintains replacing the current rating system will frequency range—from 614 MHz to 6 the current in-store testing obligation reduce regulatory burdens for handset GHz—as compared to the 2011 ANSI applicable to service providers so that manufacturers and service providers. Standard’s frequency range of 698 MHz those with hearing loss have an While the Commission cannot quantify to 6 GHz. The Report and Order states opportunity to become comfortable with the cost of compliance with the rule that a handset operating only in the a handset before purchasing it. changes and compliance obligations ranges specified in the standard would adopted in the Report and Order, in the 66. The Report and Order also revises need to satisfy the standard for all 2020 ANSI Standard NPRM the § 20.19(c) to delete the ‘‘refresh’’ and frequency bands and air interfaces over Commission requested cost and benefit ‘‘differing levels of functionality’’ which it operates. Because the hearing analyses from the parties in the requirements, which require aid compatibility rules (e.g., labeling proceeding to help it identify and manufacturers to refresh the hearing and certification) apply to handsets evaluate compliance costs and burdens aid-compatible handset models they certified under the new standard using for small entities that may result from offer each year and require service the new frequency range (except as the proposed rules and the matters on providers to offer a range of hearing aid- specified in the de minimis exception), which the Commission requested small entities that did not previously compatible handset models with comments. The Commission did not have to comply with the requirements differing levels of functionality, receive any comments, cost data or may be subject to new obligations. respectively. The Commission’s current analyses on the impact of the rules and 63. Before adoption of the Report and deployment benchmarks require 66% of other matters on small entities. Order, subject to a de minimis handsets to be hearing aid-compatible exception, handset manufacturers and and, in the near future, will require 85% Significant Alternatives Considered service providers were required to offer of all handsets to be hearing aid- 69. Regarding the alternatives the a minimum number of hearing aid- compatible. The Commission’s Commission considered in adopting the compatible handsets for each covered deployment benchmarks ensure that final rules, the Commission notes that it air interface over which its models consumers have robust choices among declined to modify the 2019 ANSI operate. Depending on the type and size hearing aid-compatible handsets and Standard as requested by Schmid and of an entity and the point in time, confirm that its decision to eliminate Partner Engineering AG (Schmid). The manufacturers and providers must the ‘‘refresh’’ and ‘‘differing levels of record indicated that the Schmid ensure that either 66% or 85% of their functionality’’ requirements will not requests were already considered and handset models are hearing aid- adversely affect consumers. Removing mitigated in 2019 ANSI standards the compatible. Under the rules adopted by unnecessary provisions such as these Commission adopted. The Commission the Report and Order, manufacturers could streamline compliance also declined to lift the statutory and service providers may meet their requirements, which could reduce the exemption that currently excludes requirement to offer minimum numbers cost of compliance for small entities. frequencies above 6 GHz from hearing of hearing aid-compatible handsets with 67. The date that service providers aid compatibility requirements, handsets certified under either the 2019 must file certifications of compliance choosing instead to allow the ANSI or 2011 ANSI Standards, or an earlier with the Commission’s hearing aid Committee, in coordination with standard. Consequently, small entities compatibility provisions and the date relevant industry participants, to will not have to recertify existing that manufacturers must file compliance develop a consensus-driven standard for handsets and incur additional reports is also revised in Report and these frequencies that the Commission compliance costs. Order. Prior to adoption of the Report can incorporate into its rules when the 64. The Report and Order simplifies and Order, service provider new standard is available. In addition, the current labeling requirements so that certifications were due January 15 each the Commission declined to add a call- consumers will have the information year and manufacturer reports were due out card requirement to its labeling that they need in order to easily July 15 each year. The Report and Order requirement as suggested by the Hearing understand and evaluate the hearing aid moves these dates to January 31 and Loss Association of America (HLAA). compatibility of a particular handset. July 31, respectively, to ensure that The addition of such a requirement Handset manufacturers and service service provider certifications and would have mandated the use of call- providers are able to design their own manufacturer reports are up-to-date as out cards at the point of sale indicating package labels and provide of the last day of the calendar month whether a handset is hearing aid-

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compatible which would have increased 47 CFR Part 20 § 20.19 Hearing aid-compatible mobile the economic costs of compliance with handsets. Administrative practices and the Commission’s labeling requirements (a) Definitions. For purposes of this procedures, Communications section: for small entities and other handset equipment, Incorporation by reference. manufacturers and service providers, 2007 ANSI standard refers to the and it declined to do so. 47 CFR Part 68 technical standard for hearing aid compatibility applicable to frequencies 70. In the Report and Order the Administrative practices and between 800 MHz and 3 GHz as set forth Commission sought to balance the procedures, Communications in ANSI C63.19–2007. potential economic impact and burdens equipment. 2011 ANSI standard refers to the that small entity manufacturers and Federal Communications Commission. technical standard for hearing aid service providers might face in light of Marlene Dortch, compatibility applicable to frequencies the new 2019 ANSI Standard with the Secretary, Federal Communications between 698 MHz and 6 GHz as set forth need to ensure that Americans with Commission. in ANSI C63.19–2011. hearing loss can access a wide array of 2019 ANSI standard refers to the handsets with emerging technologies in Final Rules technical standard for hearing aid the same manner as those without For the reasons discussed in the compatibility applicable to frequencies hearing loss. The Commission believes preamble, the Federal Communications between 614 MHz and 6 GHz as set forth its actions in the Report and Order Commission amends 47 CFR parts 2, 20, in ANSI C63.19–2019. accomplish this objective. and 68 as follows: ANSI standard refers to the 2007, 2011, and 2019 ANSI standards as a Ordering Clauses PART 2—FREQUENCY ALLOCATIONS group. 71. Accordingly, it is ordered, AND RADIO TREATY MATTERS; Any version of the ANSI standard pursuant to sections 4(i), 303(r), and 710 GENERAL RULES AND REGULATIONS previous to the 2019 ANSI standard of the Communications Act of 1934, as refers to the 2007 and 2011 ANSI ■ amended, 47 U.S.C. 154(i), 303(r), 610, 1. The authority citation for part 2 standards. Digital mobile service refers to a this Report and Order is hereby continues to read as follows: terrestrial mobile service that enables adopted. Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted. two-way real-time voice 72. It is further ordered that the March communications among members of the 1, 2021 deadline included within ■ 2. Amend § 2.1033 by revising public or a substantial portion of the § 20.19(b)(1) and (f)(1)(ii) is suspended, paragraph (d) to read as follows: public, including both interconnected effective upon adoption of this Report § 2.1033 Application for certification. and non-interconnected voice over and Order. internet protocol (VoIP) services, to the * * * * * 73. It is further ordered that the extent that such service is provided over (d) Applications for certification of revisions to part 20 of the Commission’s frequencies specified in the 2007 ANSI equipment operating under part 20 of rules, 47 CFR part 20, as set forth in the standard, 2011 ANSI standard or the this chapter, that a manufacturer is Final Rules are adopted, effective thirty 2019 ANSI standard. seeking to certify as hearing aid- days from the date of publication in the Handset refers to a device used in compatible, as set forth in § 20.19 of this Federal Register, except that the delivery of digital mobile service in the chapter, shall include a statement amendments to § 20.19(f), (h)(1), and (i) that contains a built-in indicating compliance with the test will become effective following speaker and is typically held to the ear requirements of § 20.19 of this chapter. approval by the Office of Management in any of its ordinary uses. The manufacturer of the equipment and Budget. Section 20.19(f), (h)(1), and Manufacturer refers to a manufacturer shall be responsible for maintaining the of handsets that are used in delivery of (i) contain new or modified information test results. collection requirements that require digital mobile service, as defined in this review by the Office of Management and * * * * * section, in the United States. Model refers to a wireless handset Budget under the PRA. The Commission PART 20—COMMERCIAL MOBILE device that a manufacturer has will publish a document in the Federal RADIO SERVICES designated as a distinct device model, Register announcing the effective date consistent with its own marketing of the revisions to § 20.19(f), (h)(1), and ■ 3. The authority citation for part 20 is practices. However, if a manufacturer (i), following approval by the Office of revised to read as follows: assigns different model device Management and Budget. Authority: 47 U.S.C. 151, 152(a), 154(i), designations solely to distinguish units 74. It is further ordered that the 155, 157, 160, 201, 214, 222, 251(e), 301, 302, sold to different carriers, or to signify Commission’s Consumer and 303, 303(b), 303(r), 307, 307(a), 309, 309(j)(3), other distinctions that do not relate to Governmental Affairs Bureau, Reference 316, 316(a), 332, 610, 615, 615a, 615b, and either form, features, or capabilities, Information Center, shall send a copy of 615c, unless otherwise noted. such designations shall not count as this Report and Order, including the ■ 4. Amend § 20.19 by: distinct models for purposes of this Final Regulatory Flexibility Analysis, to ■ a. Revising paragraphs (a), (b), and (c); section. the Chief Counsel for Advocacy of the Service provider refers to a provider of ■ b. Removing and reserving paragraph Small Business Administration. digital mobile service, as defined in this (d); section, in the United States. ■ List of Subjects c. Revising paragraph (e); Tier I carrier refers to a CMRS ■ d. Removing and reserving paragraph 47 CFR Part 2 provider that offers such service (f)(1)(ii); and nationwide. Administrative practices and ■ e. Revising paragraphs (g), (h)(2)(ii), Volume control requirements refers to procedures, Communications (h)(5), (k), and (l). the technical standard established by equipment. The revisions read as follows: ANSI/TIA–5050–2018.

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(b) Hearing aid compatibility; (c) Phase-in of hearing aid- (4) In-store testing. All service technical standards—(1) Handset compatibility requirements. The providers must make available for compatibility on or after , 2023. following applies to each manufacturer consumers to test, in each retail store In order to satisfy a manufacturer or and service provider that offers handsets owned or operated by the service service provider’s obligations under used to deliver the services specified in provider, all of its handset models that paragraphs (c) and (d) of this section, a paragraph (a) of this section and that are hearing aid-compatible under handset submitted for equipment does not fall within the de minimis paragraph (b) of this section. certification or for a permissive change exception set forth in paragraph (e) of * * * * * relating to hearing aid compatibility on this section. (e) De minimis exception. (1)(i) or after June 5, 2023 must meet the 2019 (1) Manufacturers—Number of Manufacturers or service providers that ANSI standard. hearing aid-compatible handset models offer two or fewer handsets in an air (2) Handset compatibility before June offered. For each digital air interface for interface in the United States are 5, 2023. In order to satisfy a which it offers handsets in the United exempt from the requirements of this manufacturer or service provider’s States or imported for use in the United section in connection with that air obligations under paragraphs (c) and (d) States, each manufacturer must offer interface, except with regard to the of this section, a handset submitted for hearing aid compatible handsets as reporting and certification requirements equipment certification or for a follows: in paragraph (i) of this section. Service permissive change relating to hearing (i) Beginning , 2018, at least providers that obtain handsets only aid compatibility before June 5, 2023 sixty-six (66) percent of those handset from manufacturers that offer two or must meet either: models (rounded down to the nearest fewer handset models in an air interface (i) At a minimum, the M3 and T3 whole number) must be hearing aid- in the United States are likewise exempt ratings associated with the 2011 ANSI compatible under paragraph (b) of this from the requirements of this section standard; or section. other than paragraph (i) of this section (ii) Beginning , 2021, at least (ii) The 2019 ANSI standard. in connection with that air interface. eighty-five (85) percent of those handset (3) Handsets operating over multiple (ii) Notwithstanding paragraph models (rounded down to the nearest frequency bands or air interfaces. (i) (e)(1)(i) of this section, manufacturers whole number) must be hearing aid- Beginning on June 5, 2023, a handset is that have had more than 750 employees compatible under paragraph (b) of this hearing aid-compatible if it meets the for at least two years and service 2019 ANSI standard for all frequency section. (2) Tier I carriers—Number of hearing providers that have had more than 1500 bands that are specified in the ANSI aid-compatible handsets models employees for at least two years, and standard and all air interfaces over offered. For each digital air interface for that have been offering handsets over an which it operates on those frequency which it offers handsets to customers, air interface for at least two years, that bands, and the handset has been each Tier I carrier must: offer one or two handsets in that air certified as compliant with the test (i) Beginning , 2019, ensure interface in the United States must offer requirements for the 2019 ANSI that at least sixty-six (66) percent of the at least one handset model that is standard pursuant to § 2.1033(d) of this handset models it offers are hearing aid- hearing aid-compatible under paragraph chapter. compatible under paragraph (b) of this (b) of this section in that air interface. (ii) Before June 5, 2023, a handset that section, calculated based on the total Service providers that obtain handsets uses only the frequencies specified in number of unique handset models the only from manufacturers that offer one the 2011 ANSI standard is hearing aid- carrier offers nationwide. or two handset models in an air compatible with regard to radio (ii) Beginning April 4, 2022, ensure interface in the United States, and that frequency interference and inductive that at least eighty-five (85) percent of have had more than 750 employees for coupling if it meets the 2011 ANSI the handset models it offers are hearing at least two years and have offered standard for all frequency bands and air aid-compatible under paragraph (b) of handsets over that air interface for at interfaces over which it operates, and this section, calculated based on the least two years, are required to offer at the handset has been certified as total number of unique handset models least one handset model in that air compliant with the test requirements for the carrier offers nationwide. interface that is hearing aid-compatible the 2011 ANSI standard pursuant to (3) Service providers other than Tier under paragraph (b) of this section. For § 2.1033(d) of this chapter. Before June I carriers—Number of hearing aid- purposes of this paragraph (e)(1)(ii), 5, 2023, a handset that incorporates compatible handsets models offered. employees of a parent, subsidiary, or operations outside the frequencies For each digital air interface for which affiliate company under common specified in the 2011 ANSI standard is it offers handsets to customers, each ownership or control with a hearing aid-compatible if the handset service provider other than a Tier I manufacturer or service provider are otherwise satisfies the requirements of carrier must: considered employees of the this paragraph (b). (i) Beginning April 3, 2020, ensure manufacturer or service provider. (4) Factual questions. All factual that at least sixty-six (66) percent of the Manufacturers and service providers questions of whether a handset meets handset models it offers are hearing aid- covered by this paragraph (e)(1)(ii) must the technical standard(s) of this compatible under paragraph (b) of this also comply with all other requirements paragraph (b) shall be referred for section, calculated based on the total of this section. resolution to the Chief, Office of number of unique handset models the (2) Manufacturers or service providers Engineering and Technology, Federal carrier offers. that offer three handset models in an air Communications Commission, 45 L (ii) Beginning April 3, 2023, ensure interface must offer at least one handset Street NE, Washington, DC 20554. that at least eighty-five (85) percent of model that is hearing aid-compatible (5) Certification. A handset certified the handset models it offers are hearing under paragraph (b) of this section in under any version of the ANSI standard aid-compatible under paragraph (b) of that air interface. Service providers that previous to the 2019 ANSI standard this section, calculated based on the obtain handsets only from remains hearing aid-compatible for total number of unique handset models manufacturers that offer three handset purposes of this section. the carrier offers. models in an air interface in the United

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States are required to offer at least one compatible model was first and last standards to establish hearing aid handset model in that air interface that offered; and the marketing model name/ compatibility. is hearing aid-compatible under number(s) and FCC ID number of each (l) Incorporation by reference. The paragraph (b) of this section. hearing aid-compatible and non-hearing standards required in this section are (3) Manufacturers that offer four or aid-compatible model no longer offered incorporated by reference into this five handset models in an air interface (if the calendar month/year that model section with the approval of the Director must offer at least two handset models was last offered is within 24 of of the Federal Register under 5 U.S.C. that are hearing aid-compatible under the current calendar month/year). 552(a) and 1 CFR part 51. All approved paragraph (b) of this section in that air * * * * * material is available for inspection at interface. Tier I carriers who offer four (k) Delegation of rulemaking the Federal Communications handset models in an air interface must authority. (1) The Chief of the Wireless Commission (FCC), 45 L Street NE, offer at least two handsets that are Telecommunications Bureau and the Reference Information Center, Room hearing aid-compatible under paragraph Chief of the Office of Engineering and 1.150, Washington, DC 20554, (202) (b) of this section in that air interface Technology are delegated authority to 418–0270, and is available from the and Tier I carriers who offer five issue, consistent with any applicable source indicated in this paragraph (l). It handset models in an air interface must requirements of 5 U.S.C. 553, an order is also available for inspection at the offer at least three handsets that are amending this section to the extent National Archives and Records hearing aid-compatible under paragraph necessary to adopt technical standards Administration (NARA). For (b) of this section in that air interface. for additional frequency bands and/or information on the availability of this Service providers, other than Tier I air interfaces upon the establishment of material at NARA, email fedreg.legal@ carriers, who offer four handset models such standards by ANSI Accredited nara.gov or go to www.archives.gov/ in an air interface must offer at least two Standards Committee C63®, provided federal-register/cfr/ibr-locations.html. handset models that are hearing aid- that the standards do not impose with (1) IEEE Standards Association (IEEE– compatible under paragraph (b) of this respect to such frequency bands or air SA), 445 Hoes Lane, Piscataway, NJ section in that air interface and service interfaces materially greater obligations 08854–4141, (732) 981–0060, stds-info@ providers, other than Tier I carriers, than those imposed on other services ieee.org, https://standards.ieee.org/. who offer five handset models in an air subject to this section. Any new (i) ANSI C63.19–2007, American interface must offer at least three obligations on manufacturers and Tier I National Standard Methods of handsets that are hearing aid-compatible carriers pursuant to paragraphs (c) Measurement of Compatibility Between under paragraph (b) of this section in through (i) of this section as a result of Wireless Communication Devices and that air interface. such standards shall become effective Hearing Aids, approved , 2007. (ii) ANSI C63.19–2011, American * * * * * no less than one year after release of the National Standard Methods of (g) Model designation requirements. order adopting such standards and any Measurement of Compatibility Between Where a manufacturer has made new obligations on other service Wireless Communication Devices and physical changes to a handset that result providers shall become effective no less in a change in the hearing aid Hearing Aids, approved , 2011. than 15 months after the release of such (iii) ANSI C63.19–2019, American compatibility rating under the 2011 order, except that any new obligations National Standard Methods of ANSI standard or an earlier version of on manufacturers and service providers Measurement of Compatibility Between the standard, the altered handset must subject to paragraph (e)(1)(ii) of this Wireless Communication Devices and be given a model designation distinct section shall become effective no less Hearing Aids, approved August 19, from that of the handset prior to its than two years after the release of such 2019. alteration. order. (2) Telecommunications Industry (h) * * * (2) The Chief of the Wireless Association (TIA), 1320 North (2) * * * Telecommunications Bureau and the Courthouse Road, Suite 200, Arlington, (ii) A clearly marked list of hearing Chief of the Office of Engineering and VA 22201, (703) 907–7700, global@ aid-compatible handset models that are Technology are delegated authority, by ihs.com, https://global.ihs.com/csf_ no longer offered if the calendar month/ notice-and-comment rulemaking if home.cfm?&csf=TIA. year that model was last offered is required by statute or otherwise in the (i) ANSI/TIA–5050–2018, within 24 months of the current public interest, to issue an order Telecommunications—Communications calendar month/year along with the amending this section to the extent Products—Receive Volume Control information listed in paragraph (h)(1) of necessary to approve any version of the Requirements for Wireless (Mobile) this section for each hearing aid- technical standards for radio frequency Devices, approved , 2018. compatible handset. interference, inductive coupling, or (ii) [Reserved] * * * * * volume control adopted subsequently to ■ 5. Delayed indefinitely, further amend (5) Service providers must maintain the 2007 ANSI standard for use in § 20.19 by revising paragraphs (f), (h)(1), internal records including the ratings, if determining whether a wireless handset and (i) to read as follows: applicable, of all hearing aid-compatible meets the appropriate rating over and non-hearing aid-compatible models frequency bands and air interfaces for § 20.19 Hearing aid-compatible mobile no longer offered (if the calendar which technical standards have handsets. month/year that model was last offered previously been adopted either by the * * * * * is within 24 months of the current Commission or pursuant to paragraph (f) Labeling and disclosure calendar month/year); for models no (k)(1) of this section. This delegation is requirements for hearing aid-compatible longer offered (if the calendar month/ limited to the approval of changes to the handsets—(1) Package label. For all year that model was last offered is technical standards that do not raise handset models certified to be hearing within 24 months of the current major compliance issues. Further, by aid-compatible, manufacturers and calendar month/year), the calendar such approvals, the Chiefs may only service providers shall ensure that the months and years each hearing aid- permit, and not require, the use of such handset’s package label states that the compatible and non-hearing aid- subsequent versions of the technical handset is hearing aid-compatible and

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the handset’s actual conversational gain hearing aid-compatible under such wireless hearing aid compatibility with and without a hearing aid if circumstances, and how these requirements at a wireless service provider certified using a technical standard with circumstances affect the use and covered by those requirements. volume control requirements. The operation of the handset. I certify that the provider was [(in full compliance/not in full compliance)] [choose actual conversational gain displayed for * * * * * one] at all times during the applicable time use with a hearing aid shall be the (h) * * * period with the Commission’s wireless lowest rating assigned to the handset for (1) Each manufacturer and service hearing aid compatibility deployment any covered air interface or frequency provider that operates a publicly- benchmarks and all other relevant wireless band. accessible website must make available hearing aid compatibility requirements. (2) Package insert or handset manual. on its website a list of all hearing aid- The company represents and warrants, and For all handset models certified to be compatible models currently offered, I certify by this declaration under penalty of hearing aid-compatible, manufacturers the ANSI standard used to evaluate perjury pursuant to 47 CFR 1.16 that the and service providers shall disclose to above certification is consistent with 47 CFR hearing aid compatibility, the ratings of 1.17, which requires truthful and accurate consumers through the use of a package those models under the relevant ANSI statements to the Commission. The company insert or in the handset’s user manual: standard, if applicable, and an also acknowledges that false statements and (i) That the handset is hearing aid- explanation of the rating system. Each misrepresentations to the Commission are compatible; service provider must also include on punishable under Title 18 of the U.S. Code (ii) The ANSI standard used to its website: A list of all non-hearing aid- and may subject it to enforcement action determine the hearing aid compatibility compatible models currently offered, as pursuant to Sections 501 and 503 of the Act. of the handset model’s air interfaces and well as a link to the current FCC web (vii) If the company selected that it frequency bands; page containing information about the was not in full compliance with this (iii) If using the 2011 ANSI standard wireless hearing aid compatibility rules section, an explanation of which or an earlier version of the standard, the and service providers’ obligations. Each wireless hearing aid compatibility lowest hearing aid compatibility rating service provider must also include the requirements it was not in compliance assigned to any of the covered air marketing model name/number(s) and with, when the non-compliance began interfaces or frequency bands; FCC ID number of each hearing aid- and (if applicable) ended with respect to (iv) The air interfaces or frequency compatible and non-hearing aid- each requirement. bands on the handset that are not compatible model currently offered. (3) Content of manufacturer reports. certified to be hearing aid-compatible, if * * * * * Reports filed by manufacturers must applicable, or have been determined to (i) Reporting requirements—(1) include: be hearing aid-compatible under special Reporting and certification dates. (i) Handset models tested, since the testing circumstances; Service providers shall submit Form 855 most recent report, for compliance with (v) Any handset model certified to be certifications on their compliance with the applicable hearing aid compatibility hearing aid-compatible for some but not the requirements of this section by technical ratings, if applicable; all of the air interfaces or frequency January 31 of each year. Manufacturers (ii) Compliant handset models offered bands covered by the model must shall submit Form 655 reports on their to service providers since the most include the following disclosure compliance with the requirements of recent report, identifying each model by language: this section by July 31 of each year. marketing model name/number(s) and This phone has been tested and certified Information in each certification and FCC ID number; for use with hearing aids for some of the report must be up-to-date as of the last (iii) For each compliant model, the air wireless technologies that it uses. However, day of the calendar month preceding the interface(s) and frequency band(s) over there may be some newer wireless due date of each certification and report. which it operates, the hearing aid technologies used in this phone that have not (2) Content of service provider compatibility ratings for each frequency been tested yet for use with hearing aids. It certifications. Certifications filed by band and air interface under the ANSI is important to try the different features of this phone thoroughly and in different service providers must include: standard (if applicable), the ANSI locations, using your hearing aid or cochlear (i) The name of the signing executive standard version used, and the months implant, to determine if you hear any and contact information; in which the model was available to interfering noise. Consult your service (ii) The company(ies) covered by the service providers since the most recent provider or the manufacturer of this phone certification; report; for information on hearing aid compatibility. (iii) The FCC Registration Number (iv) Non-compliant models offered to If you have questions about return or (FRN); service providers since the most recent exchange policies, consult your service (iv) If the service provider is subject report, identifying each model by provider or phone retailer. to paragraph (h) of this section, the marketing model name/number(s) and (vi) An explanation of the ANSI rating website address of the page(s) FCC ID number; system, which includes an explanation containing the required information (v) For each non-compliant model, the that the 2019 ANSI standard does not regarding handset models; air interface(s) over which it operates use the rating system that older versions (v) The percentage of handsets offered and the months in which the model was of the standard used; that are hearing aid-compatible available to service providers since the (vii) An explanation of a handset (providers will derive this percentage by most recent report; model’s volume control capabilities, determining the number of hearing aid- (vi) Total numbers of compliant and including its conversational gain both compatible handsets offered across all non-compliant models offered to service with and without hearing aids, if the air interfaces during the year divided by providers for each air interface as of the handset is certified using a technical the total number of handsets offered time of the report; standard that includes volume control during the year); and (vii) Any instance, as of the date of requirements; and (vi) The following language: the report or since the most recent (viii) An explanation of special testing I am a knowledgeable executive [of report, in which multiple compliant or circumstances, if a handset model has company x] regarding compliance with the non-compliant devices were marketed air interfaces that have been certified as Federal Communications Commission’s under separate model name/numbers

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but constitute a single model for secure telephones, as defined by § 68.3, extended for owner/operators that purposes of the hearing aid are exempt from the requirement in this submitted their security training compatibility rules, identifying each paragraph (b). programs to TSA by the current device by marketing model name/ * * * * * deadline of , 2021. These number and FCC ID number; [FR Doc. 2021–08973 Filed 5–3–21; 8:45 am] owner/operators will have an additional (viii) Status of product labeling; BILLING CODE 6712–01–P 90 days (15 months rather than 12 (ix) Outreach efforts; and months) to complete initial training of (x) If the manufacturer maintains a their security-sensitive employees. public website, the website address of DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: the page(s) containing the information SECURITY Victor Parker (TSA, Policy, Plans, and regarding hearing aid-compatible Engagement, Surface Division) or David handset models required by paragraph Transportation Security Administration Kasminoff (TSA, Office of Chief (h) of this section. Counsel, Regulations and Security (4) Format. The Wireless 49 CFR Parts 1570 and 1582 Standards) by telephone at (571) 227– Telecommunications Bureau is [Docket No. TSA–2015–0001] 5563 or email to delegated authority to approve or [email protected]. RIN 1652–AA55 prescribe forms, formats, and methods SUPPLEMENTARY INFORMATION: for submission of the reports and certifications in addition to or instead of Security Training for Surface I. Background those required by this section. Any Transportation Employees; Extension of Compliance Dates; Correcting A. Security Training Final Rule and format that the Bureau may approve or Previous Amendments prescribe shall be made available on the Amendments TSA published the Security Training Bureau’s website. AGENCY: Transportation Security Final Rule on , 2020.1 This * * * * * Administration, DHS. rule requires owner/operators of higher- ACTION: Final rule. PART 68—CONNECTION OF risk freight railroad carriers, public TERMINAL EQUIPMENT TO THE SUMMARY: This action amends the transportation agencies (including rail TELEPHONE NETWORK ‘‘Security Training for Surface mass transit and bus systems), passenger Transportation Employees’’ (Security railroad carriers, and over-the-road bus ■ 6. The authority citation for part 68 Training) final rule (published March companies, to provide TSA-approved continues to read as follows: 23, 2020, and amended , 2020, security training to employees Authority: 47 U.S.C. 154, 303, 610. and , 2020) to extend the performing security-sensitive functions. compliance date by which a security As published on March 23, 2020, TSA Subpart D—Conditions for Terminal training program must be submitted to scheduled the final rule to take effect on Equipment Approval TSA, and make minor technical , 2020, with the first compliance deadline set for , 2020.2 On May ■ corrections. TSA is aware that many 7. The authority citation for subpart D owner/operators within the scope of this 1, 2020, TSA delayed the effective date is revised to read as follows: rule’s applicability may be unable to of the final rule to , 2020, Authority: 47 U.S.C. 154, 155, 303, 610. meet the compliance deadline for in recognition of the potential impact of the COVID–19 public health crisis and ■ submission of the required security 8. Amend § 68.300 by revising related strain on resources for owner/ paragraph (b) to read as follows: training programs to TSA for approval because of the impact of COVID–19 as operators required to comply with the 3 § 68.300 Labeling requirements. well as actions taken at various levels of regulation. TSA revised all compliance government to address this public dates within the rule to reflect the new * * * * * 4 (b) All registered telephones, health crisis. In response, TSA is effective date. On October 26, 2020, including cordless telephones, as extending the compliance deadline for TSA extended the compliance deadline defined in § 15.3(j) of this chapter, submission of the required security in 49 CFR 1570.109(b)(1) and (b)(2) for manufactured in the United States training program from March 22, 2021, submission of security training to no later than , 2021. Should programs from , 2020, to (other than for export) or imported for 5 use in the United States, that are hearing TSA determine that an additional March 22, 2021. aid compatible, as defined in § 68.316, extension of time is necessary based On , 2021, Chairs of the upon the impact of the COVID–19 Rail Sector Coordinating Council shall have the letters ‘‘HAC’’ 6 permanently affixed thereto. public health crisis, TSA will publish a (SCC), Mass Transit SCC, Highway ‘‘Permanently affixed’’ means that the document in the Federal Register label is etched, engraved, stamped, announcing an updated compliance 1 85 FR 16456. 2 silkscreened, indelibly printed, or date for this requirement. See, e.g., 85 FR at 16469. 3 85 FR 25315. otherwise permanently marked on a DATES: 4 See id. for table of extended deadlines for permanently attached part of the Effective Date: This rule is effective compliance. equipment or on a nameplate of metal, May 4, 2021. 5 85 FR 67681. plastic, or other material fastened to the Compliance Dates: The compliance 6 The Sector Coordinating Councils (SCCs) are equipment by welding, riveting, or a dates for submission of security training self-organized and self-governed councils that enable critical infrastructure owners and operators, permanent adhesive. The label must be programs to TSA under § 1570.109(b) is their trade associations, and other industry designed to last the expected lifetime of June 21, 2021 for existing operations representatives to interact on a wide range of sector- the equipment in the environment in and September 21, 2021 for operations specific strategies, policies, and activities. The SCCs which the equipment may be operated that commence or modify operations to coordinate and collaborate with sector-specific agencies (SSAs) and related Government and must not be readily detachable. become subject to the regulation after Coordinating Councils (GCCs) to address the entire Telephones used with public mobile June 21, 2021. The deadline for initial range of critical infrastructure security and services or private radio services, and security training under § 1570.111 is resilience policies and efforts for that sector.

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