1.  

**PUBLIC NOTICE**![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

**Federal Communications Commission**

**445 12th St., S.W.**

**Washington, D.C. 20554**

**DA 00-1811**

**Released: August 9, 2000**

> **Tandy Corporation, Walker Equipment and ameriphone, inc. Seek Waiver
> of Hearing Aid Compatibility Volume Control Standards**
>
> **47 C.F.R. § 68.317(f)**
>
> **NSD-L-00-17**
>
> **NSD-L-00-22**
>
> **NSD-L-00-63**

### Comment date: September 7, 2000 

**Reply Comment date: September 22, 2000**

On February 8, 2000, Tandy Corporation filed a petition with the
Commission for waiver of 68.317(f) of its rules, 47 CFR 68.317(f) in
order to register under Part 68 a cordless telephone with a feature that
preserves a loud setting from one use of the telephone to another. On
February 23, 2000, Walker Equipment, a Division of Plantronics, Inc.
filed a petition for waiver of the same rule for various models of
corded and cordless telephones with a similar feature. On May 9, 2000
Ameriphone, Inc. also petitioned to waive the rule for an analog phone
with this feature. We are consolidating these petitions because they
raise the same questions of policy.

All terminal equipment sold in the United States and connected to the
public switched telephone network (PSTN) must be registered under Part
68 of the Commission\'s rules, *see* 47 C.F.R. § 68.2. The Part 68
registration process requires a device to conform to specifications
designed to prevent harm to the PSTN. If an applicant\'s device meets
Part 68 requirements, the Commission issues a registration number for
it, thereby requiring local exchange carriers to permit its connection
to the PSTN in the United States. A waiver of Section 68.317(f)
requested by the above-mentioned Petitioners would allow them to
register their telephone despite the fact that the telephone does not
meet some of the technical requirements of this section. A request for
waiver of one or more requirements of Part 68 does not excuse an
applicant from meeting the requirements for which the applicant did not
request waiver.

The Commission will not waive any provision of its rules unless good
cause is shown, *see* 47 C.F.R. § 1.3. Under the relevant case law, the
applicant has the burden of showing good cause for a waiver: \"\[a\]n
applicant \[for a waiver\] faces a high hurdle even at the starting
gate.\" *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969).
Nevertheless, an agency must take a \"hard look\" at applications for
waiver, *id.*, and must consider all relevant factors. *See* *Citizens
to Preserve Overton Park, Inc. v. Volpe*, 401 U.S. 402, 416 (1971). An
agency must adhere strictly to its rules unless a party can show
\"reasons why in the public interest the rule should be waived.\" *FPC
v. Texaco Inc.*, 377 U.S. 33, 39 (1964). Finally, \"\[t\]he agency must
explain why deviation better serves the public interest and articulate
the nature of the special circumstances to prevent discriminatory
application and to put future parties on notice as to its operation.\"
*Northeast Cellular Telephone Company, L.P. v. FCC*, 897 F.2d 1164, 1166
(D.C. Cir. 1990).

Subparagraph (f) of 47 CFR 68.317 requires that if a telephone allows a
gain in Receive Objective Loudness Rating (ROLR) of more than 18 dB, it
must reset to a nominal setting after being returned to the on-hook
state. The purpose of the requirement is to protect individuals without
reduced hearing, who may use the same telephone, from a sudden loud
noise that could damage their ears. We note that the volume control
requirements are the result of a rulemaking process that included a
regulatory negotiation committee of consumer and industry
representatives, and that the rules have just gone into effect this
year.

Petitioners argue that their telephones would meet the special needs of
people with hearing disabilities by eliminating the task of having to
reset volume control each time a telephone is taken off-hook. Ameriphone
describes another benefit as eliminating the problem of missed dialogue
at the beginning of a phone call before the volume is reset. Petitioners
state that their volume reset defeat features can be turned on and off
without risk of accidental change, thereby facilitating appropriate use
in either a single user environment of someone who needs amplification
or a multi-user one containing both persons with and without hearing
disabilities. Tandy Corporation and Walker Equipment claim that their
telephones protect hearing because acoustic pressure limits are still
met. Ameriphone contends that risk of injury is minimal because of
warnings on its telephone, and the sensitivity of a telephone owner with
a hearing disability to protect the hearing of other users. The petition
by Ameriphone includes a letter in support of its telephone from a
relevant consumer organization, Self Help for Hard of Hearing People,
Inc.

We note that a Petition for Partial Reconsideration, filed December 20,
1999 in WT Docket No. 96-198, requests an increase in the minimum
required adjustable gain for volume control on telephones. In that
petition, the Council of Organizational Representatives asks the
Commission to reconsider its decision to require a minimum 18 dB gain,
and instead adopt a 20 dB gain level consistent with the Access Board\'s
guidelines. The Council notes that \"\[a\] two decibel increase in a
telephone headset volume is a significant logarithmic volume increase .
. . Therefore, a small increase in decibels represents a great increase
in intensity.\" In a separate public notice, published in the Federal
Register on July 7, 2000, the Commission set a deadline for filing
oppositions and replies to that petition. Commenters to the instant Part
68 volume control waiver requests should indicate what impact a 20 dB
gain for telephone volume control may have on persons without hearing
disabilities if the Commission were to grant this waiver and the
Petition for Partial Reconsideration in WT Docket No. 96-198.

Comments responding to this public notice must be filed with the
Commission by September 7, 2000, and reply comments by September 22,
2000. Such comments should reference the file numbers NSD-L-00-17,
NSD-L-00-22 and NSD-L-00-63. They should include specific information
about the impact of this proposed waiver.

Comments should be sent to the Office of the Secretary, Federal
Communications Commission, 445 12th Street, SW, Room TW-A325,
Washington, DC 20554. Two copies of the comments should also be sent to
the Network Services Division, 445 12th Street, SW, Room 6-A207,
Washington, DC 20554.

The full text of this document, the waiver petitions, and public comment
will be available for public inspection and copying during regular
business hours at the FCC Reference Information Center, Portals II, 445
12th Street, SW, Room CY-A257, Washington, DC 20554. This document may
also be purchased from the Commission\'s copy contractor, International
Transcription Service, Inc. (ITS), 1231 20TH Street, NW, Washington, DC
20036, telephone 202-857-3800, facsimile 202-857-3805, TTY 202-293-8810.

For further information, contact Jamal Mazrui at phone (202) 418-0069,
email jmazrui@fcc.gov, or Susan Magnotti at phone (202) 418-0871, email
smagnott@fcc.gov of the Network Services Division, Common Carrier
Bureau. The TTY number is (202) 418-0484.

-FCC-