[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Rules and Regulations]
[Pages 70891-70897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22561]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[WT Docket No. 20-3; DA 23-914; FR ID 133942]


Wireless Telecommunications Bureau Conditionally Waives Certain 
Aspects of the Wireless Hearing Aid Compatibility Volume Control 
Testing Standard

AGENCY: Federal Communications Commission.

ACTION: Final rule; limited waiver.

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SUMMARY: The Wireless Telecommunications Bureau (Bureau) of the Federal 
Communications Commission (Commission) recently granted a limited 
waiver of the Commission's wireless hearing aid compatibility rules 
with respect to the volume control technical standard that handset 
manufacturers use in part to certify handsets as hearing aid-compatible 
under the 2019 ANSI Standard. The Bureau took this step in response to 
a petition filed by the Alliance for Telecommunications Industry 
Solutions (ATIS) seeking waiver of certain aspects of these rules. By 
conditionally granting the waiver request, the Bureau ensures that 
handset manufacturers can continue to release new hearing aid-
compatible handset models while a new volume control standard is 
developed that the Commission can adopt into its wireless hearing aid 
compatibility rules.

DATES: The waiver is effective as of September 29, 2023.

ADDRESSES: Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Eli Johnson, <a href="/cdn-cgi/l/email-protection#9adff6f3b4d0f5f2f4e9f5f4dafcf9f9b4fdf5ec"><span class="__cf_email__" data-cfemail="d89db4b1f692b7b0b6abb7b698bebbbbf6bfb7ae">[email protected]</span></a>, of 
the Wireless Telecommunications Bureau, Competition & Infrastructure 
Policy Division, (202) 418-1395.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission 
document, WT Docket No. 20-3, DA 23-914, released on September 29, 
2023. The full text of this document is available for public inspection 
on the FCC's website at: https://docs.fcc.gov/public/attachments/DA-23-914A1.pdf. The document is available electronically in ASCII, Microsoft 
Word, and/or Adobe Acrobat. Alternative formats are available for 
people with disabilities (Braille, large print, electronic files, audio 
format, etc.), and reasonable accommodations (accessible format 
documents, sign language interpreters, CART, etc.) may be requested by 
sending an email to <a href="/cdn-cgi/l/email-protection#7a3c39394f4a4e3a1c1919541d150c"><span class="__cf_email__" data-cfemail="99dfdadaaca9add9fffafab7fef6ef">[email protected]</span></a> or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

Synopsis

    1. The Bureau grants a limited waiver of Sec.  20.19(b)(1) and (3) 
of the Commission's wireless hearing aid compatibility rules with 
respect to the volume control technical standard that handset 
manufacturers use in part to certify handsets as hearing aid-compatible 
under the 2019 ANSI Standard. This action is prompted by a request 
filed by the Alliance for Telecommunications Industry Solutions (ATIS) 
seeking waiver of certain aspects of these rules. Under the terms of 
the time-limited waiver the Bureau grants, a handset may be certified 
as hearing aid-compatible under the 2019 ANSI Standard if it meets the 
volume control testing requirements described in this Order as well as 
all other aspects of the 2019 ANSI Standard.
    2. Consistent with ATIS's September 12, 2023, ex parte letter (ATIS 
Ex Parte Letter) and as a condition of this waiver, the Bureau requires 
a handset to pass the conversational gain test at the 2 Newton (N) 
force level on all available narrowband and wideband codecs and air 
interface combinations. With respect to the 8N force level test, the 
Bureau agrees with the ATIS Ex Parte Letter that this test should be 
performed, and the Bureau waives the requirement that a handset achieve 
at least an 18 dB conversational gain. This waiver is conditioned on 
manufacturers performing the 8N force level test using the same testing 
parameters that the Bureau is requiring for the 2N force level test and 
to place on the handset's package label the resulting conversational 
gain (even if it is below 18 dB) in a manner consistent with the

[[Page 70892]]

Commission's existing hearing aid compatibility labeling rules.
    3. With respect to the related receive distortion and noise 
performance (distortion/noise) and receive acoustic frequency response 
performance (frequency response) tests, the Bureau agrees with the ATIS 
Ex Parte Letter that handsets must pass testing using at least one 
narrowband and one wideband codec of the manufacturer's choosing. The 
Bureau also accepts ATIS's suggestion that at least one narrowband and 
one wideband codec must pass testing for distortion/noise and frequency 
response and tests will be limited to one bit rate and only with those 
air interfaces associated with the chosen codecs and that the other 
codecs used for conversational gain at the 2N and 8N force levels are 
not required to undergo the distortion/noise and frequency response 
tests. Further, as detailed below, the Bureau accepts ATIS's suggested 
method to set the volume control setting for testing these other codecs 
for conversational gain.
    4. By taking these steps, the Bureau ensures that when the 
exclusive use transition period ends on December 5, 2023, new handset 
models can be certified as hearing aid-compatible using the 2019 ANSI 
Standard as modified by the conditions established in this Order. These 
actions allow consumers with hearing loss who use hearing aids or 
cochlear implants to benefit from wider availability of handsets 
offering improved hearing aid compatibility under the 2019 ANSI 
Standard's radio frequency (RF) interference and inductive coupling 
requirements. In addition, this approach gives consumers assurance that 
a handset's amplifier/speaker combination will provide improved volume 
control functionality over narrowband and wideband modes of voice 
communications, and that consumers have the information that they need 
to make informed purchasing decisions. The Bureau's actions in this 
waiver order allows the Commission to move closer to its goal of 
reaching 100% hearing aid compatibility for wireless handsets, while 
also creating a path forward for testing to ensure that handsets have 
volume control capabilities.
    5. This waiver is effective immediately upon release of this Order 
so that manufacturers may afford the benefits of this relief to 
consumers with hearing loss as soon as feasible. In reliance upon 
ATIS's representations that efforts are underway to expeditiously 
develop a new volume control standard through the TIA standards setting 
process, the Bureau limits this waiver to a two-year period. During 
this waiver period, the Bureau will evaluate the effectiveness of the 
waiver standard in meeting the needs of consumers with hearing loss and 
take action where appropriate. The Bureau expects that a two-year time 
limitation for the waiver will encourage all interested parties to work 
together to rapidly develop an improved volume control standard that 
the Commission can incorporate into its rules in the future. To ensure 
this outcome, the Bureau conditions this waiver in part on ATIS filing 
a status letter on the development of a new volume control standard 
with the Bureau on the one-year anniversary of the release date of this 
Order. The two-year waiver period will run from the release date of 
this Order and ends 24 months after the release date of this Order.

I. Background

    6. The Commission's wireless hearing aid compatibility rules 
require handset manufacturers to ensure that at least 85% of the total 
number of handset models that they offer are certified as hearing aid-
compatible. Handsets are considered to be hearing aid-compatible if 
they meet certain ANSI technical standards that the Commission has 
incorporated by reference into the wireless hearing aid compatibility 
rules. Before 2017 the Commission's wireless hearing aid compatibility 
rules addressed acoustic and inductive coupling, but in 2017 the 
Commission modified its wireless hearing aid compatibility rules by 
adopting a volume control requirement similar to the requirement for 
wireline phones. The Commission determined that the objectives of 
section 710 of the Communications Act would be served by modifying the 
Commission's acoustic coupling provisions for wireless handsets to 
include a volume control requirement designed to accommodate consumers 
with hearing loss who use hearing aids or cochlear implants and those 
with hearing loss who do not use these devices. The Commission affirmed 
its belief that a volume control requirement that specifies certain 
levels of amplification as an element of hearing aid compatibility is 
just as necessary for wireless handsets as it is for wireline phones in 
order to ensure the provision of effective telecommunication services 
for people with hearing loss.
    7. While the Commission adopted a wireless volume control 
requirement in 2017, the Commission did not adopt a specific wireless 
volume control technical standard. Instead, the Commission noted that 
an industry approved technical standard was nearing completion and, 
once the Commission adopted this standard into its rules, compliance 
with this standard would constitute compliance with the Commission's 
new wireless volume control requirement. The Commission suggested that 
this standard could include: (1) the use of conversational gain for 
measuring receive loudness; (2) the establishment of minimum value(s) 
for the acceptable maximum volume(s); (3) the use of a Head and Torso 
Simulator (HATS); and (4) the use of two force levels for holding the 
handset next to the ear--2N force for people who use hearing aids, and 
8N force for people who do not use hearing aids.
    8. In September 2019, the ANSI Committee petitioned the Commission 
to replace the existing 2011 ANSI Standard referenced in the 
Commission's rules for handset certification with the new 2019 ANSI 
Standard. The ANSI Committee oversees the development of the ANSI 
wireless hearing aid compatibility technical standard, and the 
committee is composed of handset manufacturers and testing 
laboratories, among other groups. While the 2011 and the 2019 ANSI 
Standards address acoustic and inductive coupling between wireless 
handsets and hearing aids, the new standard also includes the wireless 
volume control technical standard referenced by the Commission in 2017. 
The 2019 ANSI Standard specifically incorporates by reference the TIA 
5050 Standard for volume control and requires handsets to meet this 
standard along with the rest of the 2019 ANSI Standard in order for a 
handset to be certified as hearing aid-compatible under this standard.
    9. The TIA 5050 Standard establishes a volume control testing 
methodology which defines conversational gain as the acoustic output 
level of speech from a handset relative to the acoustic level that 
would be present in a face-to-face conversation with two people one 
meter apart. To be compliant with this standard, a handset must undergo 
testing at 2N and 8N force levels with each force level requiring the 
passing of three interrelated tests. The 2N test requires a handset to 
demonstrate at least 6 dB of conversational gain while also meeting 
certain distortion/noise and frequency response requirements. The 8N 
force level test requires a handset to demonstrate at least 18 dB of 
conversational gain while also meeting the same distortion/noise and 
frequency response requirements.
    10. In February 2021, the Commission adopted the 2019 ANSI Standard 
and the related TIA 5050 Standard and made

[[Page 70893]]

these standards the exclusive wireless hearing aid compatibility 
certification standards after a two-year transition period that at the 
time was set to end on June 5, 2023. In adopting the 2019 ANSI 
Standard, the Commission noted that this standard was broadly supported 
by both industry and consumer groups. Further, the Commission observed 
that the 2019 ANSI Standard ``for the first time . . . incorporates a 
volume control requirement that will provide significant benefits to 
persons with hearing loss, whether or not they use hearing aids.''
    11. On December 16, 2022, ATIS filed a petition requesting that the 
Commission grant a limited interim waiver of Sec.  20.19(b)(1) and 
(b)(3) of the Commission's wireless hearing aid compatibility rules for 
all entities subject to these rules to allow handsets to be certified 
under the 2019 ANSI Standard as hearing aid-compatible using a reduced 
volume control testing methodology. ATIS asserts that the existing 
volume control testing standard is fundamentally flawed because it uses 
a pulsed-noise signal, which it claims is insufficiently voice-like to 
be compatible with many modern codecs. ATIS states that the standard's 
use of a pulsed-noise signal resulted in none of the handsets that it 
tested passing the standard.
    12. ATIS's Waiver Petition requests that the Commission allow 
handsets to be certified as hearing aid-compatible if they meet the 
2019 ANSI Standard's acoustical and inductive coupling standards in 
full and meet a reduced volume control standard that would only require 
a handset to: (1) pass conversational gain for all available codecs and 
air interface combinations at the 2N level, and (2) obtain passing 
results for at least one of the handset's available codecs for the 
distortion/noise and frequency response requirements. Additionally, it 
requests that the Commission limit the codecs to be tested to those 
that are within the scope of the TIA 5050 Standard, which includes 
narrowband and wideband codecs, and that the Commission completely 
waive the 8N force level test. Finally, it requests that the waiver 
remain in place until the new volume control technical standard that is 
being developed through the TIA process becomes effective.
    13. At the same time that ATIS filed its waiver petition for a 
reduced volume control testing standard, the HAC Task Force filed its 
Final Report setting forth its recommendations for how the Commission 
can achieve its goal of requiring that all new handsets be certified as 
hearing aid-compatible. The HAC Task Force is an independent 
organization composed of groups who represent the interests of people 
with hearing loss, wireless service providers, and wireless handset 
manufacturers that formed for the purpose of reporting to the 
Commission on whether requiring 100% of new handsets to be certified as 
hearing aid-compatible is an achievable objective. Part of the HAC Task 
Force's Final Report on how the Commission can achieve its 100% 
objective includes a recommendation that the Commission adopt ATIS's 
reduced volume control testing methodology and maintain it until the 
Commission has an opportunity to adopt a new volume control standard 
that is presently being developed through the TIA process.
    14. Similarly, ATIS's waiver petition cites data from the HAC Task 
Force's Final Report to support its description of the issues 
experienced in relation to the testing methodology for volume control. 
Testing data included in the HAC Task Force's Final Report indicates 
that for the distortion/noise test the pulse noise signal passed 
through the Adaptive Multi-Rate (AMR) codec to produce unintended noise 
and distortion of the signal. Conversely, testing data included with 
the Final Report indicates that this problem did not exist when testing 
was conducted on the Enhanced Voice Services (EVS) codec. As a 
potential solution, the Final Report indicates that the TIA 5050 
Standard's requirement that testing be done using any air interface but 
generally limited to using the AMR codec could be modified or 
reinterpreted to allow any codec and air interface combination to be 
used for the distortion/noise and frequency response measurements.
    15. On March 23, 2023, the Bureau released a Public Notice seeking 
comment on ATIS's waiver petition that established a 45-day comment 
period that closed on May 18, 2023. The Public Notice sought comment on 
ATIS's waiver petition within the context of the Commission's 
commitment to attaining 100% hearing aid compatibility for all covered 
wireless handsets, as soon as achievable, as well as the Commission's 
previous finding that a volume control requirement is necessary ``to 
ensure the provision of effective telecommunications for people with 
hearing loss.'' In addition to seeking comment on ATIS's waiver 
petition, Commission staff have met on an ex parte basis with the HAC 
Task Force on multiple occasions and with the Hearing Loss Association 
of America (HLAA). HLAA claims to be ``the nation's leading 
organization representing consumers with hearing loss,'' serves as Co-
Chair of the HAC Task Force, and supports the HAC Task Force Final 
Report recommendations.
    16. On April 14, 2023, the Bureau released an order extending the 
transition period for exclusive use of the 2019 ANSI Standard and the 
related TIA 5050 Standard from June 5, 2023, as originally established 
by the Commission, to December 5, 2023. The Bureau took this step to 
ensure that handset manufacturers can continue to certify new handset 
models with hearing aid compatibility features under the 2011 ANSI 
Standard while the Commission considers ATIS's waiver petition. The 
Bureau stated that continuing to allow new handset models to be 
certified as hearing aid-compatible is essential as the Commission 
moves to its goal of all handsets being hearing aid-compatible.
    17. Finally, in the ATIS Ex Parte Letter, ATIS reiterates and 
clarifies its volume control testing proposals contained in its waiver 
petition, and partially revises its proposals. Consistent with its 
original proposal, ATIS reiterates its suggestion that testing at the 
2N force level should require passing of conversational gain for all 
available narrowband and wideband codecs and air interface 
combinations. With respect to the 8N force level test, however, ATIS 
modifies its original proposal and suggests that testing at this force 
level be done on all available narrowband and wideband codecs and air 
interface combinations; but that the requirement of at least an 18 dB 
conversational gain passing rate be waived; and that the resulting 
conversational gain from testing be placed on the handset's package 
label. Further, ATIS suggests a modification for its proposal for the 
distortion/noise and frequency response tests. It proposes obtaining 
``passing results for at least one of the device's narrowband and one 
wideband codecs for the distortion and frequency response,'' instead of 
its original suggestion that a passing result would only have to be 
obtained for one narrowband or one wideband codec. ATIS clarifies, 
however, that testing of the chosen narrowband and wideband codecs for 
the distortion/noise and frequency response tests should be limited to 
one bit rate and only those air interfaces associated with the chosen 
codecs. Under its proposal, the other narrowband and wideband codecs 
used for the 2N and 8N force level conversational gain tests are not 
required to undergo distortion/noise and frequency response testing.

[[Page 70894]]

II. Discussion

    18. Section 1.3 of the Commission's rules (47 CFR 1.3) provides 
that the Commission may ``on its own motion or on petition'' waive a 
rule ``for good cause shown, in whole or in part, at any time.'' The 
Commission may find that the ``good cause shown'' standard is met when: 
(1) ``special circumstances warrant a deviation from the general rule'' 
and (2) ``such deviation will serve the public interest.'' In this 
case, the Bureau finds good cause to grant ATIS's waiver request under 
the conditions discussed below. Further, the Bureau finds that the 
underlying purpose of the rule would not be served by strictly applying 
all of the requirements at this time since such strict enforcement 
might have an effect of denying consumers most of the benefits of the 
latest standard. For this additional reason, the Bureau finds it in the 
public interest to grant limited relief and, thereby, permit consumers 
with hearing loss to benefit from the advantages that the 2019 ANSI 
Standard offers beyond just volume control while at the same time 
ensuring some volume control benefits.
    19. The Bureau finds special circumstances exist that warrant a 
deviation from the general rule as well as the fact that strict 
compliance with the volume control testing standard at this time would 
undermine the general purpose of the hearing aid compatibility rules. 
Specifically, ATIS asserts that there are ``significant and material 
problems with the methodology used for testing volume control'' that 
render compliance with the 2019 ANSI Standard functionally impossible 
given that the standard requires compliance with the TIA 5050 Standard. 
According to ATIS, the problem relates to Sec.  20.19(b)(3)(i) of the 
Commission's wireless hearing aid compatibility rules even though 
handset manufacturers never addressed this rule in their filed comments 
when the Commission was considering adopting the 2019 ANSI Standard and 
the related TIA 5050 Standard. This provision provides that ``a handset 
is hearing aid-compatible if it meets the 2019 ANSI standard for all 
frequency bands that are specified in the ANSI standard and all air 
interfaces over which it operates on those frequency bands. . . .'' In 
turn, the 2019 ANSI Standard specifies that in order for a handset to 
meet the standard's volume control requirements the handset must meet 
the requirements of the TIA 5050 Standard. The TIA 5050 Standard 
specifies that handsets must be tested for volume control using one AMR 
narrowband codec and one AMR wideband codec or the next closest codec 
if the AMR narrowband or wideband codec is not available in combination 
with any available air interface of the manufacturer's choosing that 
supports the codec being tested.
    20. While the TIA 5050 Standard generally limits testing to one AMR 
narrowband and one AMR wideband codec in combination with an air 
interface of the manufacturer's choosing, ATIS asserts that this is not 
the case in practice because of the testing guidance the Office of 
Engineering and Technology (OET) Laboratory Division has issued. ATIS 
states that OET's testing guidance effectively requires a handset to 
pass the Commission's volume control standard on all available codecs 
and air interface combinations even though the TIA 5050 Standard does 
not specify this approach. According to ATIS, this situation results 
from OET's guidance requiring handset manufacturers to investigate and 
document ``worst-case test conditions and results.'' ATIS states that 
this all air interface/frequency/codec testing requirement results in a 
testing standard that handsets cannot pass because the TIA 5050 
Standard does not use a speech-like signal that can pass substantially 
unchanged through all possible speech codecs.
    21. In support of its argument, ATIS states that all of the 
handsets that it tested using the 2019 ANSI Standard failed to pass 
this standard. Specifically, ATIS states that it tested eighteen 
handset models that had recently been certified as hearing aid-
compatible using the 2011 ANSI Standard and all of these handsets 
failed to pass the 2019 ANSI Standard because of the Commission's all 
air interface/frequency/codec testing requirement reflected in OET's 
Knowledge Database (KDB) Volume Control Guidance document. According to 
ATIS, the tested handsets represented a range of handset models offered 
by manufacturers, with models being offered at a range of price points, 
having multiple form factors, and having multiple chip set providers.
    22. No party filed comments opposing ATIS's request for a reduced 
volume control testing methodology on an interim basis until a full 
volume control testing methodology can take effect. Commenters echo 
ATIS's statement that the current volume control testing methodology is 
flawed and needs to be modified so consumers with hearing loss can 
benefit from other aspects of the 2019 ANSI Standard. The unanimous 
supporters of ATIS's waiver request include HLAA, an advocacy 
organization which represents consumers with hearing loss. In addition 
to these comments, handset manufacturers' most recent compliance 
filings reveal that not a single handset has been certified as hearing 
aid-compatible under the 2019 ANSI Standard. Rather, these reports 
indicate that all of the handsets that manufacturers are currently 
offering have been certified as hearing aid-compatible using the 2011 
ANSI Standard.
    23. Based on these special circumstances and the fact that the 
underlying purpose of the hearing aid compatibility rules would be 
frustrated by strict adherence to the volume control testing standard, 
the Bureau finds it in the public interest to take action to ensure 
that handset manufacturers can certify handsets as hearing aid-
compatible under the 2019 ANSI Standard and consumers with hearing loss 
can benefit from the advantages that the 2019 ANSI Standard offers, 
including some volume control benefits. While ATIS is requesting that 
the Commission waive certain aspects of the volume control testing 
methodology as an interim measure, ATIS is not requesting a waiver of 
the 2019 ANSI Standard's acoustic and inductive coupling requirements. 
The Bureau agrees with ATIS and commenters that by waiving certain 
aspects of the volume control testing methodology, it allows consumers 
who use hearing aids or cochlear implants to receive the benefits of 
the 2019 ANSI Standard's heightened RF interference requirements, and 
the Bureau allows consumers who use telecoils to receive the benefits 
of the 2019 ANSI Standard's improved inductive coupling requirements. 
In addition, the 2019 ANSI Standard offers other consumers benefits, 
including coverage of new technologies and devices, and an expanded 
frequency range. As commenters observe, granting the waiver request 
will allow consumers with hearing loss to fully benefit from the 
improvements that the 2019 ANSI Standard offers that go beyond those 
related to volume control.
    24. 2N Force Level Conversational Gain Test. With these benefits in 
mind, for the conversational gain test at the 2N force level the Bureau 
accepts ATIS's proposal as clarified in the ATIS Ex Parte Letter and 
condition this waiver on handsets having to pass testing using all 
available narrowband and wideband codecs and air interface 
combinations. Further, the Bureau requires handset manufacturers to 
place the lowest conversational gain that results from this testing on 
the handset's package label in a manner consistent with the

[[Page 70895]]

hearing aid compatibility labeling rules. This approach is consistent 
with ATIS's waiver request. It is also consistent with the Commission's 
package labeling requirements, which require the lowest conversational 
gain that results from testing the various combinations of narrowband 
and wideband codecs and air interfaces to be placed on the package 
label in order to avoid an inflated test result being placed on the 
label. In addition, commenters universally support ATIS's 2N force 
level test proposal as well as all other aspects of ATIS's waiver 
testing proposals.
    25. 8N Force Level Conversational Gain Test. As ATIS suggests in 
the ATIS Ex Parte Letter, manufacturers will continue to be required to 
conduct the 8N force level conversational gain test, but the Bureau 
waives the requirement that the test achieve at least an 18 dB passing 
rate. Under this approach, manufacturers are required to perform the 8N 
force level test using the same testing parameters as established for 
the 2N force level test, and must place the resulting conversational 
gain (even if it is below 18 dB) on the handset's package label in a 
manner consistent with the existing hearing aid compatibility labeling 
rules. This decision is consistent with one of the stated reasons that 
the Commission adopted a handset volume control requirement, which is 
not only to aid consumers with hearing loss who use hearing devices, 
but also to aid consumers with hearing loss who do not use hearing 
devices. The approach the Bureau adopts for the 8N force level test is 
consistent with this objective and gives consumers with hearing loss 
who do not use hearing aids the relevant information that they need to 
make informed handset purchasing decisions.
    26. Distortion/Noise and Frequency Response Tests. With respect to 
the related distortion/noise and frequency response tests at the 2N and 
8N force levels, the Bureau accepts ATIS's suggestions set forth in the 
ATIS Ex Parte Letter. Consistent with the ATIS Ex Parte Letter, the 
Bureau conditions this waiver on handsets having to pass testing using 
at least one narrowband and one wideband codec of the manufacturer's 
choosing. Further, the Bureau accepts ATIS's suggestion that the chosen 
narrowband and wideband codecs will be tested using one bit rate and 
with only those air interfaces associated with the chosen codecs. The 
Bureau also accepts ATIS's suggestion that only the chosen narrowband 
and wideband codecs will be tested for distortion/noise and frequency 
response and the other codecs used for testing for conversational gain 
at the 2N and 8N force levels are not required to undergo the 
distortion/noise and frequency response tests. In this regard, the 
Bureau accepts ATIS's ``alternative method'' for determining the volume 
control setting for purposes of testing the other codecs for 
conversational gain and for reporting those test results consistent 
with that method.
    27. This approach follows the TIA 5050 Standard's requirement that 
handsets pass testing using one narrowband and one wideband codec. This 
approach also gives assurance that a handset's amplifier/speaker 
combination will meet consumer expectations over both narrowband and 
wideband modes of voice communications as envisioned by the current 
standard. At the same time, the decision to accept ATIS's proposed 
modification and allow manufacturers to choose which narrowband and 
wideband codecs to test gives manufacturers more flexibility than the 
TIA 5050 Standard, which specifies the narrowband and wideband codecs 
to be tested. The Bureau accepts ATIS's suggestion on this point given 
the testing methodology flaw seen when testing an AMR codec.
    28. ATIS's proposal to give manufacturers flexibility to choose any 
codec for testing appears linked to the data in the HAC Task Force's 
Final Report that handsets cannot pass the distortion/noise and 
frequency response tests using certain codecs. In particular, the data 
relied upon by ATIS indicates that handsets cannot pass the distortion/
noise test when tested using the AMR codecs specified in the TIA 5050 
Standard. ATIS asserts that the developers of the TIA 5050 Standard did 
not attempt to resolve the technical difficulty of developing a test 
signal with speech-like characteristics that could pass substantially 
unchanged through all possible speech codecs or that would evaluate the 
end-to-end transparency of the various speech codecs.
    29. The HAC Task Force's Final Report, however, includes data from 
two unnamed manufacturers indicating that four of their handsets were 
able to pass the distortion/noise part of the volume control testing 
standard using an EVS wideband codec as opposed to an AMR wideband 
codec. The Bureau is concerned that if manufacturers choose to test 
just narrowband codecs, the tested handsets will fail to demonstrate 
the performance of their speaker/amplifier combinations when a wideband 
voice codec is used. As a result, for the distortion/noise and 
frequency response tests at the 2N and 8N force level, rather than 
requiring testing of both narrowband and wideband AMR codecs, as 
generally required by the TIA 5050 Standard, the Bureau requires that 
handsets pass testing of at least one narrowband codec and one wideband 
codec of the manufacturer's choosing, as discussed above.
    30. For the distortion/noise and frequency response tests at the 2N 
and 8N force levels, manufacturers must choose codecs that are within 
the scope of the TIA 5050 Standard, which include narrowband and 
wideband codecs, but these codecs do not necessarily have to be AMR 
codecs. That is, the Bureau is not limiting the codecs that 
manufacturers can choose for testing to just AMR narrowband and AMR 
wideband codecs as defined in sections 4.5.1 and 4.5.2 of the TIA 5050 
Standard. While manufacturers may choose to test AMR narrowband and AMR 
wideband codecs, they can also choose EVS narrowband and EVS wideband 
codecs or any other narrowband or wideband codecs that are within the 
scope of the TIA 5050 Standard. If a handset does not have a wideband 
codec or the handset only has an AMR wideband codec, then the test 
report must document this fact and the passing requirement under these 
circumstances for the wideband codec test is waived. The passing 
results for the distortion/noise and frequency response tests must be 
reported in the handset's test report.
    31. Revised Volume Control KDB Guidance. To help in this matter, 
OET, in coordination with the Bureau, will issue a revised KDB guidance 
document for volume control testing consistent with this Order. This 
revised KDB guidance will address the technical testing requirements 
for the conversational gain, distortion/noise, and frequency response 
requirements that are part of the conditions of this Order. The KDB 
guidance will also address the reporting requirements for the test data 
required under the conditions of this Order. Manufacturers and testing 
laboratories are expected to fully follow the KDB guidance's testing 
instructions as issued. These testing requirements are to ensure the 
best listening experience for consumers with hearing loss as possible 
under this waiver.
    32. Labeling Requirements. The Bureau reminds handset manufacturers 
that the Commission's hearing aid compatibility labeling rules require 
certain information to be placed on a handset's package label and 
additional information be provided in the handset's package insert and 
user

[[Page 70896]]

manual. The handset package labeling rules require that a handset that 
is certified as hearing aid-compatible state on the handset's package 
label that the handset is hearing aid-compatible. In addition, if the 
handset is certified under a standard that includes volume control 
requirements, such as under the 2019 ANSI Standard, the label must 
specify the handset's conversational gain with and without hearing 
aids. These requirements give consumers the most pertinent information 
on a handset's package label and allow consumers to determine if the 
conversational gain of the handset meets their needs.
    33. In addition, for handsets certified as meeting volume control 
testing requirements, the Commission's rules require that package 
inserts and user manuals for these kinds of handsets provide an 
explanation of the handset's volume control capabilities and how 
special testing circumstances such as those permitted by this Order 
affect those functions. Consumers must have this information to ensure 
they can purchase handsets that best meet their individual needs. Since 
the Bureau is waiving certain aspects of the all air interface/
frequency/codec volume control testing approach, consumers must be 
informed as to how this change affects the volume control capabilities 
of a handset they are considering that has been certified as hearing 
aid-compatible under the conditions of this Order. The Bureau requires 
package inserts and user manuals for these type of handsets to state 
which codecs and air interface combinations were used to pass testing 
for conversational gain and for the related distortion/noise and 
frequency response tests and which codecs and air interfaces were not 
tested. Consumers must be able to understand the volume control 
capabilities of tested operations and non-tested operations and what 
this means in terms of the volume control differences between the two 
types of operations.
    34. Benchmark Compliance. Pursuant to this Order, the Bureau allows 
handsets that pass the volume control testing requirements set forth 
above, as well as the rest of the 2019 ANSI Standard's testing 
requirements, to be certified as hearing aid-compatible under the 2019 
ANSI Standard and the related TIA 5050 Standard. Handsets that satisfy 
all of these requirements may be marketed as meeting the Commission's 
hearing aid compatibility requirements and counted as hearing aid-
compatible for benchmark deployment purposes. The same is true for 
handsets that meet the above testing requirements through the 
permissive change process. These types of handsets can also be marketed 
as meeting the Commission's hearing aid compatibility requirements and 
counted as hearing aid-compatible for benchmark deployment purposes. 
Handset manufacturers, however, must continue to comply with all other 
aspects of the Commission's wireless hearing aid compatibility rules, 
including labeling, website posting, and reporting requirements.
    35. During the remainder of the exclusive use transition period 
that ends on December 5, 2023, handset manufacturers may continue to 
certify handsets as hearing aid-compatible using either the 2011 ANSI 
Standard or the 2019 ANSI Standard as conditioned by this Order. 
Handsets certified as hearing aid-compatible under either of these 
standards may be counted for benchmark deployment purposes. Consistent 
with established practice, however, handset manufacturers must use one 
or the other standard for certification purposes and may not mix parts 
of each standard. After December 5, 2023, handset manufacturers may 
only certify new handsets as hearing aid-compatible using the 2019 ANSI 
Standard as conditioned by this Order.
    36. Waiver Time Limit. The waiver the Bureau adopts becomes 
effective upon the release date of this Order and will continue to be 
effective for a two-year period after the release date of this Order. 
ATIS and commenters have indicated that a new volume control standard 
is being developed through the TIA process and that they expect the 
process to move quickly in order to make the new standard available to 
the Commission to make effective. The Bureau plans to hold parties to 
this commitment, and the Bureau expects parties to expedite the process 
for developing a new volume control standard in time for the Commission 
to adopt the new standard prior to the waiver period expiring. In order 
to meet this objective, the Bureau encourages parties to work rapidly 
and cooperatively for the benefit of consumers with hearing loss.
    37. The Bureau further conditions this Order on ATIS filing with 
the Bureau a letter on the one-year anniversary of the release date of 
this Order. This letter must appraise the Commission on the status of 
the development of a new volume control standard and any issues that 
have arisen with respect to the establishment of the new standard. 
Further, the letter must inform the Bureau as to when the new standard 
will be made available to the Commission for adoption. This letter 
should be seen as an opportunity for ATIS to inform the Commission that 
parties are on track to petition the Commission to adopt the new 
standard prior to the waiver period expiring.
    38. The Bureau finds that these actions are not only in the public 
interest but also fully consistent with the underlying purpose of the 
Commission's wireless hearing aid compatibility rules. These rules are 
based on the principle that consumers with hearing loss should have the 
same access to the newest and most advanced handsets as consumers 
without hearing loss. By waiving certain handset testing requirements 
under the conditions of this Order, the Bureau ensures that the 
underlying purpose of the Commission's hearing aid compatibility rules 
is not frustrated. This Order allows new handsets to be certified under 
the 2019 ANSI Standard and consumers with hearing loss will be able to 
enjoy the benefits that these new handsets will be designed to offer. 
In addition, this decision permits handset manufacturers to be able to 
certify new handsets as hearing aid-compatible after the exclusive use 
transition period ends this coming December. As such, these actions are 
consistent with the underlying purpose of the Commission's hearing aid 
compatibility rules and avoid that purpose from being frustrated by 
strict adherence to the volume control testing requirements. In view of 
the unique and unusual factual circumstances of this case, the Bureau 
finds that strict application of the volume control testing 
requirements would be contrary to the public interest.
    39. Finally, the Bureau's decision is consistent with the goal of 
requiring all new handsets to be certified as hearing aid-compatible. 
The Bureau is encouraged by the members of the HAC Task Force 
reiterating ``their commitment to working towards the goal that all new 
handsets will meet HAC requirements,'' including ``an applicable volume 
control standard.'' The Bureau continues to strive toward the goal of 
100% hearing aid compatibility in the near future and the decision to 
conditionally waive certain aspects of the volume control testing 
requirements as discussed above is consistent with this objective. This 
decision allows handset manufacturers to continue the process of 
certifying all of their handsets as hearing aid-compatible, as many 
currently do.
    40. Paperwork Reduction Act. This document does not contain new or 
substantively modified information collection requirements subject to 
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In 
addition, therefore, it does not contain any new

[[Page 70897]]

or modified information collection burden for small business concerns 
with fewer than 25 employees, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

III. Ordering Clause

    41. Accordingly, it is ordered, pursuant to sections 4(i), 303(r), 
and 610 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 303(r), 710, and Sec. Sec.  0.331 and 1.3 of the Commission's 
rules, 47 CFR 0.331 and 1.3, that ATIS's request for a partial waiver 
of Sec.  20.19(b)(1) and (b)(3) is granted to the extent indicated 
herein.
    42. It is further ordered that this Order is effective upon release 
and will remain effective for 24 months from the release date of this 
Order.
    43. It is further ordered that the Office of the Managing Director, 
Performance Evaluation and Records Management, shall send a copy of 
this Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, 5 
U.S.C. 801(a)(1)(A).

Federal Communications Commission.
Amy Brett,
Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2023-22561 Filed 10-12-23; 8:45 am]
BILLING CODE 6712-01-P


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