Rule2023-22561
Wireless Telecommunications Bureau Conditionally Waives Certain Aspects of the Wireless Hearing Aid Compatibility Volume Control Testing Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 13, 2023
Effective
September 29, 2023
Issuing agencies
Federal Communications Commission
Abstract
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.
Full Text
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="https://docs.fcc.gov/public/attachments/DA-23-914A1.pdf">https://docs.fcc.gov/public/attachments/DA-23-914A1.pdf</a>. 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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