**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  |                              |
|                                  | *) |                              |
| Geemarc Telecom International,   | ** |                              |
| Ltd.                             |    |                              |
|                                  | *  |                              |
| Request For Waiver of Volume     | *) |                              |
| Control Reset,                   | ** |                              |
|                                  |    |                              |
| 47 C.F.R. § 68.317(f)            | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: April 25, 2005 Released: April 27, 2005**

By the Chief, Disability Rights Office:

1.  In this *Order* we address a petition for waiver of 47 C.F.R. §
    68.317(f) of the Commission's rules filed by Geemarc Telecom
    International, Ltd., (Geemarc) on March 14, 2005. Section 68.317(f)
    requires that telephones with amplification greater than 18 dB
    (designed for persons with hearing disabilities) must reset to a
    volume no greater than 18 dB once the telephone is returned to an
    on-hook position. Geemarc seeks approval of a telephone device,
    Model [CL1100]{.underline}, that includes a volume control override
    switch so that persons with hearing disabilities can use the
    telephone without having to turn the volume back up each time they
    use the telephone. In order to do so, Geemarc has requested a waiver
    of Section 68.317(f) pursuant to the Commission's streamlined waiver
    procedures.[^1]

2.  *Background: Part 68 Registration Process*. All terminal equipment
    manufactured in, or imported into, the United States and connected
    to the public switched telephone network (PSTN) must conform to the
    requirements of Part 68 of the Commission's rules.[^2] To that end,
    Part 68 requires either that terminal equipment be tested by a
    Telecommunications Certification Body (TCB)[^3] or that the
    responsible party follows the procedures for a Supplier's
    Declaration of Conformity (SDOC).[^4] A waiver of section 68.317(f)
    allows the petitioner to apply to a TCB, or to file its SDOC
    pursuant to the Part 68 equipment approval requirements, despite the
    fact that the device does not meet the technical standards of
    section 68.317(f).

3.  *Streamlined Volume Reset Switch Waiver Process*. On March 5, 2001,
    the Commission's Common Carrier Bureau, Network Services Division,
    released an order adopting a streamlined waiver process for deciding
    section 68.317(f) waiver petitions.[^5] The Bureau found that the
    Commission's waiver requirements would be met, and that an order
    would be issued granting the waiver request, if manufacturers filed
    a statement with the Commission stating that they complied with the
    following five safety conditions:

    \(1\) the volume reset override switch shall be labeled as such and
    located on the telephone in such a way as to not be accessible to
    accidental engagement;

    \(2\) a bright indicator light shall be prominently displayed on the
    front of the telephone and shall light up when the override is
    engaged and the telephone is placed in an off-hook condition;

    \(3\) next to the light shall be a warning that the amplification is
    at a high level;

    \(4\) a caution on the use of the volume reset override switch shall
    be included in the users' manual; and

    \(5\) the telephone includes a warning printed in Braille that can
    be securely attached to the back of the handset, or, if the
    telephone has only a headset, above the dial buttons, to indicate
    that a high volume setting may be engaged.

    With this streamlined waiver process, the Commission eliminated the
    usual public notice and comment procedures for petitions for waivers
    of Commission rules.[^6]

4.  Accordingly, parties may request waiver of section 68.317(f) by
    submitting a letter certifying that the equipment for which the
    waiver is requested complies with the five safety conditions set
    forth in *Tandy Corporation*.[^7] The letter (waiver request) must
    be signed "by a company representative or other officer responsible
    for its truthfulness."[^8] "If the request is in order and if no
    other issues are present that preclude a grant, the \[Commission\]
    will issue an order granting the waiver request."[^9] The party
    receiving such a waiver grant may then pursue equipment approval
    under the applicable Part 68 rules.[^10]

5.  *Discussion*. Geemarc has provided a letter dated March 14, 2005,
    certifying that its telephone device, Model [CL1100]{.underline},
    comply with the five waiver conditions specified in *Tandy
    Corporation*. Its statement of certification is signed by Marcel
    Grossman, General Manager of the company. Based on this letter, we
    conclude that it is appropriate that the requested waiver be
    granted. This *Order* therefore grants Geemarc's waiver request. As
    a result, Geemarc may proceed with either TCB certification or
    Self-Declaration of Conformity pursuant to Part 68 of the
    Commission's rules.

6.  Accordingly, IT IS ORDERED that, pursuant to authority delegated in
    sections 0.141 and 0.361 of the Commission's rules, 47 C.F.R. §§
    0.141, 0.361, and section 1.3 of the Commission's rules, 47 C.F.R. §
    1.3, the request for waiver of section 68.317(f) for Model
    [CL1100]{.underline}, filed by Geemarc Telecom International Ltd.,
    IS GRANTED to the extent stated herein.

7.  IT IS FURTHER ORDERED that the petition for waiver IS GRANTED
    SUBJECT TO THE FOLLOWING CONDITIONS: (1) the volume reset override
    switch shall be labeled as such and located on the telephone in such
    a way as to not be accessible to accidental engagement; (2) a bright
    indicator light shall be prominently displayed on the front of the
    telephone and shall light up when the override is engaged and the
    telephone is placed in an off-hook condition; (3) next to the light
    shall be a warning that the amplification is at a high level; (4) a
    caution on the use of the volume reset override switch shall be
    included in the users' manual; and (5) the telephone includes a
    warning printed in Braille that can be securely attached to the back
    of the handset, or, if the telephone has only a headset, above the
    dial buttons, to indicate that a high volume setting may be engaged.

8.  To request materials in accessible formats for people with
    disabilities (Braille, large print, electronic files, audio format),
    send an e-mail to <fcc504@fcc.gov> or call the Consumer &
    Governmental Affairs Bureau at (202) 418-0530 (voice), (202)
    418-0432 (TTY). This *Order* can also be downloaded in Word or
    Portable Document Format (PDF) at: <http://www.fcc.gov/cgb/dro>.

    FEDERAL COMMUNICATIONS COMMISSION

Thomas E. Chandler

Chief, Disability Rights Office

Consumer & Governmental Affairs Bureau

[^1]: *See Tandy Corporation, Walker Equipment Company, Ameriphone,
    Inc., and Ultratec, Inc., Request for Waiver of Volume Control
    Reset, 47 C.F.R. § 68.317(f)*, NSD-L-00-17, NSD-L-00-22,
    NSD-L-00-63, NSD-L-00-193, DA 01-578, 16 FCC Rcd 5253 (March 5,
    2001) (*Tandy Corporation*).

[^2]: Part 68 is intended to prevent harm to the PSTN from the
    connection of terminal equipment and associated wiring. 47 C.F.R. §
    68.1. Pursuant to Part 68, all terminal equipment that may be
    connected to the telephone network must meet the technical
    requirements of both Part 68 and those published by the
    Administrative Council for Terminal Attachments (ACTA) as required
    in sections 68.7, 68.102, and subpart C of Part 68 of the
    Commission's rules. *See* 47 C.F.R. §§ 68.7, 68.102; 47 C.F.R.
    Subpart C.

[^3]: TCBs are equipment test laboratories certified by the Commission
    pursuant to sections 68.160 and 68.162 of the Commission's rules to
    approve terminal equipment for connection to the telephone network.
    Each TCB has its own application procedure and operates
    independently of the Commission. In addition, bodies outside the
    United States are also permitted to approve equipment. *See* 47
    C.F.R. §§ 68.160(c), 162.

[^4]: SDOC procedures are set forth in sections 68.320 -- 68.353 of the
    Commission's rules. 47 C.F.R. §§ 68.320 -- 68.353.

[^5]: *Tandy Corporation* at ¶¶ 13-15.

[^6]: *Id.* at ¶ 15.

[^7]: *Id*. at ¶ 17.

[^8]: *Id.* at ¶ 15.

[^9]: *Id.*

[^10]: *Id.* at ¶ 15.