# Achieving 100% Wireless Handset Model Hearing Aid Compatibility

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2024-25088

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** November 13, 2024
- **Citation:** 89 FR 89832

## Text

FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20
[WT Docket No. 23-388; FCC 24-112; FR ID 257122]
Achieving 100% Wireless Handset Model Hearing Aid Compatibility

AGENCY:

Federal Communications Commission.

ACTION:

Final rule.

SUMMARY:

In this document, the Federal Communications Commission (“Commission”) adopts a 100% hearing aid compatibility requirement that applies to all future wireless handset models offered for sale or use in the United States and implementation provisions related to this 100% requirement, including a Bluetooth coupling requirement.

DATES:

Effective December 13, 2024, except for amendatory instructions 3 and 4 which are delayed indefinitely. The Commission will publish a document in the
Federal Register
announcing the effective dates of these amendments. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of June 3, 2021.

FOR FURTHER INFORMATION CONTACT:

Eli Johnson,
Eli.Johnson@fcc.gov,
Wireless Telecommunications Bureau, Competition & Infrastructure Policy Division, (202) 418-1395.

SUPPLEMENTARY INFORMATION:

This is a summary of the Commission's Report and Order, in WT Docket No. 23-388; FCC 24-112, adopted October 17, 2024, and released on October 18, 2024. The full text of the document is available for download at
https://docs.fcc.gov/public/attachments/FCC-24-112A1.pdf.
Documents will be 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
fcc504@fcc.gov
or call the Consumer & Governmental Affairs Bureau at 202-418-0530. The complete text of this document is also available for inspection and copying during normal business hours in the FCC Reference Information Center, 45 L Street NE, Room 1.150, Washington, DC 20554, (202) 418-0270.

Regulatory Flexibility Act.
The Regulatory Flexibility Act of 1980, as amended (RFA), requires that an agency prepare a regulatory flexibility analysis for notice-and-comment rulemakings, unless the agency certifies that “the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.” Accordingly, the Commission prepared a Final Regulatory Flexibility Analysis (FRFA) concerning the possible impact of the rule changes contained in this final rule.

Paperwork Reduction Act.
The requirements in revised § 20.19(b)(3)(iii), (f), (h), and (i)(4) and (5) constitute new or modified collections subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. They will be submitted to the Office of Management and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the general public, and other Federal agencies will be invited to comment on the new information collection requirements contained in this proceeding. This document will be submitted to OMB for review under section 3507(d) of the PRA. In addition, the Commission notes that, pursuant to the Small Business Paperwork Relief Act of 2002, it previously sought, but did not receive, specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees. The Commission describes impacts that might affect small businesses, which includes more businesses with fewer than 25 employees, in the FRFA.

Congressional Review Act.
The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs, that this rule is “non-major” under the Congressional Review Act, 5 U.S.C. 804(2). The Commission will include a copy of the Report and Order in a report sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act,
see
5 U.S.C. 801(a)(1)(A).

Synopsis:

I. Introduction

In this final rule, we advance our goal of ensuring that all Americans can access communications services on an equal basis by fulfilling the Commission's longstanding commitment to establish a 100% hearing aid compatibility requirement that applies to all future wireless handset models offered for sale or use in the United States. By our actions in this final rule, 48 million Americans with hearing loss will be able to choose among the same handset models that are available to consumers without hearing loss. No longer will they be limited in their choice of technologies, features, and prices available in the handset model marketplace. Further, our rules will encourage handset manufacturers to move away from proprietary Bluetooth coupling standards and ensure more universal connectivity between handset models and hearing aids, including over-the-counter hearing aids. In order to ensure that older hearing aid compatible handset models, which tend to be lower priced, continue to be available for consumers to purchase, we provide for a phase-out period while these handset models are gradually replaced with new handset models that meet the latest certification standards. In addition, we strengthen wireless handset accessibility to encompass not only compatibility that benefits consumers who use hearing aids, but also a 100% volume control requirement for new handsets that benefits all consumers with hearing loss. Finally, we adopt revised labeling and website posting requirements that allow consumers to have access to the information that they need to make informed handset model purchasing decisions.

The revisions that we adopt to our hearing aid compatibility rules are based in part on the collaborative efforts of members of the Hearing Aid Compatibility Task Force (HAC Task Force), who worked together over a period of years to reach a consensus on how the Commission could achieve its long held goal of a 100% hearing aid compatibility benchmark for all handset models offered for sale or use in the United States. The HAC Task Force, an independent organization composed of groups who represent the interests of people with hearing loss, wireless service providers, and wireless handset manufacturers, was formed for the purpose of reporting to the Commission on whether requiring 100% of all handset models to be certified as hearing aid-compatible is an achievable objective. The HAC Task Force's Final Report represents consensus recommendations for how the Commission can achieve this objective.

We are committed to continuing to ensure that our wireless hearing aid compatibility provisions evolve to keep pace with technological advances in the ways handset models pair with hearing aids, and we will continue to monitor and update our hearing aid compatibility rules as circumstances warrant.

The ANSI C63.19 standards, developed by IEEE, are referenced in the

amendatory text (§ 20.19) of this document; they were previously approved for incorporation by reference in that section.

II. Summary

Based on the HAC Task Force's recommendations and the record in this proceeding, we determine that requiring 100% of all handset models to be certified as hearing aid-compatible is consistent with section 710(e) of the Communications Act of 1934, amended. As part of this determination, we adopt the forward-looking definition of hearing aid compatibility that the HAC Task Force recommends, and we incorporate this definition into our rules. In order to keep pace with consumer pairing preferences, we adopt a coupling requirement based on Bluetooth technology standards that meet the requirements of our expanded definition of hearing aid compatibility and certain functional requirements. Further, as we proposed in the
100% HAC Notice of Proposed Rulemaking (100% HAC NPRM),
89 FR 5152 (January 26, 2024), we require handset manufacturers to transition to our 100% hearing aid compatibility requirement within a 24-month transition period and nationwide service providers to do so within a 30-month transition period. We will allow non-nationwide service providers to transition to our 100% hearing aid compatibility requirement over a 42-month transition period. These robust transition periods will ensure that consumers with hearing loss promptly receive the benefits of our 100% hearing aid compatibility requirement.

After the applicable 100% hearing aid compatibility transition period ends, all handset models offered for sale or use in the United States must be hearing aid-compatible. Any non-hearing aid compatible handset models cannot obtain a certification under 47 CFR part 2, subpart J, and handset manufacturers and service providers must remove all non-hearing aid-compatible handset models from their portfolios without exceptions. Further, after passage of the relevant transition period, handset manufacturers and service providers must ensure that each handset model in their portfolios has at least two ways to pair with hearing aids. Specifically, after the relevant transition period is completed, 100% of all handset models in a portfolio must meet acoustic coupling standards and 85% of these same handset models must also meet telecoil coupling standards. The remaining 15% of these handset models must meet our new Bluetooth coupling requirement, along with acoustic standards; these handsets may also contain telecoils, but they are not required to include them.

We also adopt a 48-month transition period to a non-proprietary Bluetooth coupling requirement. During this 48-month transition period, handset manufacturers and service providers may meet our 15% Bluetooth coupling requirement using either proprietary or non-proprietary Bluetooth coupling technology. Once the 48-month transition period expires, only non-proprietary Bluetooth coupling technology that meets our new definition of hearing aid compatibility and specified Bluetooth functionality requirements will satisfy our 15% Bluetooth coupling requirement. The non-proprietary Bluetooth coupling technology must be completely independent of proprietary standards and could be met, for example, by using such standards as Bluetooth Low Energy Audio (Bluetooth LE Audio) and the related Bluetooth Hearing Access Profile (Bluetooth HAP). Our approach will benefit consumers by ensuring more universal connectivity between handset models and hearing aids, including over-the-counter hearing aids, and will help to address the issue of certain handset models only being able to pair with certain hearing aids.

After the relevant 100% hearing aid compatibility transition period ends, any new handset model that handset manufacturers and service providers add to their handset model portfolios must meet applicable volume control requirements, as well as the other technical requirements of the 2019 ANSI Standard that is currently used for certification purposes. The volume control requirement may be met using the volume control waiver standard adopted by the Wireless Telecommunications Bureau (WTB) in September 2023 (“
HAC Waiver Order”
), 88 FR 70891 (October 13, 2023), as long as it remains in effect. This decision to impose a 100% volume control benchmark on handset models added to handset model portfolios after the applicable 100% hearing aid compatibility transition period ends allows handset manufacturers and service providers to continue to offer handset models certified under the 2011 ANSI Standard or older standards. Handset manufacturers and service providers will be able to count as hearing aid-compatible those handset models certified under the 2011 ANSI Standard or older standards for handset model deployment purposes as long as those handset models were being offered for sale or use in the United States prior to the expiration of the relevant 100% hearing aid compatibility transition period. Rather than requiring handset models certified under the 2011 ANSI Standard or older standards to be removed from handset model portfolios, these handset models will be gradually replaced with new handset models that meet 2019 ANSI Standard requirements, including volume control requirements, through the typical handset model product cycle. This approach will ensure that older hearing aid compatible handset models, which tend to be lower priced, continue to be available for consumers to consider for purchase during the remaining product cycle.

In addition to the above handset model requirements, we adopt other updates and revisions to our wireless hearing aid compatibility rules that are consistent with our decision to adopt a 100% hearing aid compatibility requirement and the related handset model deployment benchmarks and transition periods. These changes include:

• After the expiration of the handset manufacturer 100% hearing aid compatibility transition period, handset manufacturers must ensure that all new handset models by default come out-of-the-box with acoustic coupling and volume control certification requirements fully turned on. We will allow, however, secondary settings to turn on the handset model's telecoil or Bluetooth coupling functions, depending on the secondary capability included in a particular handset model.

• We revise our handset model external printed package label requirements and our related requirements concerning information that must be included within the handset model's packaging in the form of either a printed insert or a printed handset manual. We update these requirements to reflect our new coupling standards to ensure that consumers are fully informed about the pairing capabilities of handset models they are considering for purchase.

• We continue to require the use of external printed package labels, but will allow the information that must be included within a handset model's packaging, either in the form of a printed insert or a printed handset manual, to be delivered using digital labeling technology as long as companies choosing this option maintain publicly accessible websites where consumers can easily locate the required information and the information is presented in a straight-forward fashion using plain language. Handset manufacturers and service providers choosing this option must provide consumers with both a Quick-

Response (QR) code and the related website address where the required information can be found.

• We determine that in cases where a handset manufacturer or service provider recertifies a handset model using an updated certification standard, the company does not need to assign the handset model a new model number designation, unless the handset model's hardware or software has been physically altered in form, features, or capabilities in order to meet the requirements of the new certification standard.

• As part of our implementation of a 100% hearing aid compatibility requirement, we revise our website posting and record retention requirements to ensure that handset manufacturers and service providers comply with our new standard and to ensure that consumers have access to the information that they need to make informed purchasing decisions.

• After the handset manufacturer's 100% hearing aid compatibility transition period ends, we will eliminate FCC Form 655 that handset manufacturers currently file for reporting purposes and instead require handset manufacturers to annually file FCC Form 855 for compliance purposes. Beginning at the time handset manufacturers start filing FCC Form 855, we will align their compliance filing deadline and reporting period for this form with those used for service providers who will continue to annually file this form, as updated to reflect our new hearing aid compatibility requirements.

• We decline to adopt the HAC Task Force's recommendation that we permit service providers to rely on the information linked to in the Commission's Accessibility Clearinghouse as a legal safe harbor for purposes of meeting handset model deployment benchmarks. We further decline to adopt the HAC Task Force's recommendation that we establish a 90-day shot clock for resolving hearing aid compatibility waiver requests.

• We require handset manufacturers and service providers to post on their publicly accessible websites point-of-contact information that consumers can use to contact knowledgeable company employees with hearing aid compatibility questions about the company's handset models.

• We eliminate the
de minimis
exception in our hearing aid compatibility rules for handset manufacturers and service providers using a three-step process that is consistent with the 100% hearing aid compatibility transition periods.

• We revise the heading of § 20.19 of our rules from “Hearing aid-compatible mobile handsets” to “Hearing loss compatible wireless handsets,” or “HLC” for short, in order to ensure that the heading more accurately reflects the scope of the section.

• Finally, we determine that our decision to adopt a 100% hearing aid compatibility requirement is consistent with and furthers our goal to advance digital equity and inclusion for all.

III. Background

Over time, the Commission has progressively increased the deployment benchmarks for hearing aid-compatible wireless handset models. In 2016, the Commission reconfirmed its commitment to pursuing 100% hearing aid compatibility to the extent achievable. The
2016 HAC Order,
81 FR 60625 (September 2, 2016), supported this objective by increasing the number of hearing aid-compatible handset models that handset manufacturers and service providers were required to offer by adopting two new handset model deployment benchmarks and related transition periods. In October 2018, the handset model deployment benchmark for handset manufacturers increased to 66%, and in October 2021 it increased to 85%. Similarly, in April 2019 the handset model deployment benchmark for nationwide service providers increased to 66%, and in April 2022 it increased to 85%. Likewise, in April 2020 the handset model deployment benchmark for non-nationwide service providers increased to 66%, and in April 2023 it increased to 85%. Currently, the generally applicable handset model deployment benchmark is 85% for handset manufacturers and service providers, unless they qualify for
de minimis
status.

In that same order, the Commission established a process for determining whether a 100% hearing aid compatibility requirement is “achievable.” The Commission stated that it wanted to continue the “productive collaboration between stakeholders and other interested parties” that had been part of the process for enacting the two new handset model deployment benchmarks. The Commission noted the stakeholders' proposal to form a task force independent of the Commission to “issue a report to the Commission helping to inform” the agency “on whether 100 percent hearing aid compatibility is achievable.” Part of this process included determining whether the hearing aid compatibility requirements should be modified to include alternative technologies such as Bluetooth. The Commission stated that it was deferring action on compliance processes, legacy models, burden reduction, the appropriate transition periods, and other implementation issues until after it received the HAC Task Force's Final Report on achievability. The Commission added that it intended to decide by 2024 whether to require 100% of covered wireless handset models to be hearing aid compatible. The Commission indicated that it would make its determination as to whether this goal is achievable by relying on the factors identified in section 710(e) of the Communications Act. After the
2016 HAC Order
was released, stakeholders convened the independent HAC Task Force and filed progress updates with the Commission.

In 2018, the Commission imposed new website posting requirements and took steps to reduce regulatory burden on service providers by allowing them to file a streamlined annual certification under penalty of perjury stating their compliance with the Commission's hearing aid compatibility requirements. As part of the
2018 HAC Order,
83 FR 8624 (February 28, 2018), the Commission noted that, in the 100% hearing aid compatibility docket, it was considering broader changes to the hearing aid compatibility rules that may be appropriate in the event it adopted a 100% hearing aid compatibility requirement. The Commission indicated that the website, record retention, and certification requirements it was adopting as part of the
2018 HAC Order
would remain in place unless and until the Commission took further action in the 100% hearing aid compatibility docket and that its decisions did not “prejudge any further steps we may take to modify our reporting rules in that proceeding.”

In February 2021, the Commission adopted the 2019 ANSI Standard for determining hearing aid compatibility (86 FR 23614 (May 4, 2021)). The 2019 ANSI Standard was to replace the existing 2011 ANSI Standard after a 24-month transition period that was set to end on June 5, 2023. Like the 2011 ANSI Standard, the 2019 ANSI Standard addresses acoustic and inductive coupling between wireless handset models and hearing aids but uses heightened testing methodologies intended to ensure handset models offer a better listening experience for consumers. In addition, the 2019 ANSI Standard includes for the first time a volume control requirement. The standard specifically incorporates by reference the TIA 5050 Standard that addresses volume control requirements

for wireless handset models. As part of the order adopting the 2019 ANSI Standard and the related TIA 5050 Standard, the Commission reiterated its goal “to continue on the path to making 100% of wireless handsets hearing aid compatible.”

In December 2022, the HAC Task Force filed with the Commission its Final Report, which makes five central recommendations. The report recommends that the Commission: (1) adopt a more flexible, forward-looking definition of hearing aid compatibility; (2) adjust current technical standards; (3) allow for exploration of changes in coupling technology (
e.g.,
by additional exploration of Bluetooth and alternative technologies); (4) allow reliance on information linked in the Commission's Accessibility Clearinghouse; and (5) set a 90-day shot clock for the resolution of petitions for waiver of the hearing aid compatibility requirements.

The Final Report also recommends that the Commission grant the volume control waiver request that the Alliance for Telecommunications Industry Solutions (ATIS) filed the same day that the HAC Task Force filed its Final Report. In its waiver request, ATIS asserted that the testing performed by the HAC Task Force revealed that the TIA 5050 Standard for volume control was fundamentally flawed because it required the use of a pulsed-noise signal, which ATIS claimed was insufficiently voice-like to be compatible with many modern codecs. ATIS also stated that the standard's use of a pulsed-noise signal resulted in none of the handsets that it tested passing the standard. As a result, ATIS requested that the Commission allow handsets to be certified as hearing aid-compatible using a modified volume control testing methodology.

On March 23, 2023, WTB released a Public Notice in WT Docket No. 15-285 seeking comment on the HAC Task Force's Final Report (DA 23-251). The Public Notice sought comment generally on the report's recommendations and whether they furthered the Commission's goal of attaining 100% hearing aid compatibility. The Public Notice also asked whether the report's recommendations were consistent with the policy goals the Commission has historically outlined in its hearing aid compatibility-related proceedings and with the Commission's statutory duties under section 710 of the Communications Act. The Commission received three comments and three replies in response to the Public Notice.

On April 14, 2023, WTB released an order extending the transition period for exclusive use of the 2019 ANSI Standard from June 5, 2023, to December 5, 2023 (88 FR 25286 (April 26, 2023)). WTB took this step to ensure that handset manufacturers could continue to certify new handset models with hearing aid compatibility features under the 2011 ANSI Standard while the Commission considered ATIS's waiver petition. WTB stated that continuing to allow new handset models to be certified as hearing aid-compatible was essential as the Commission moves to its goal of all handset models being hearing aid compatible.

On September 29, 2023, WTB conditionally granted in part ATIS's request for a limited waiver of the 2019 ANSI Standard's volume control testing requirements (88 FR 70891 (October 13, 2023)). Under the terms of the waiver, a handset model may be certified as hearing aid-compatible under the 2019 ANSI Standard if it meets the volume control testing requirements described in the
HAC Waiver Order
as well as all other aspects of the 2019 ANSI Standard. This waiver will remain in place for 24 months from the release date of the Order to allow time for the development of a new, full volume control standard and for its incorporation into the wireless hearing aid compatibility rules.

Subsequently, on December 14, 2023, the Commission released a notice of proposed rulemaking (
100% HAC NPRM
) seeking to develop a record with respect to the HAC Task Force's proposal on how the Commission can achieve its long held goal of a 100% hearing aid compatibility benchmark for all handset models offered for sale or use in the United States. The
100% HAC NPRM
proposed to adopt the HAC Task Force's proposal with certain modifications in order to ensure that all handset models provide full accessibility for those with hearing loss while at the same time ensuring that our rules not discourage or impair the development of improved technology. Specifically, the
100% HAC NPRM
tentatively concluded that requiring 100% of all handset models to be certified as hearing aid compatible is an achievable objective under the factors set forth in section 710(e) of the Communications Act. As part of this determination, the
100% HAC NPRM
sought comment on adopting the more flexible “forward-looking” definition of hearing aid compatibility that the HAC Task Force recommends, and proposed to broaden the current definition of hearing aid compatibility to include Bluetooth coupling technology, and to require at least 15% of offered handset models to pair with hearing aids through Bluetooth coupling technology. The
100% HAC NPRM
sought comment on the Bluetooth coupling technology that the Commission should adopt to meet this requirement and how it should incorporate this requirement into the Commission's hearing aid compatibility rules.

Further, the
100% HAC NPRM
explored ways to reach the 100% hearing aid compatibility benchmark and proposed a 24-month transition period for handset manufacturers; a 30-month transition period for nationwide service providers; and a 42-month transition period for non-nationwide service providers to transition to a 100% hearing aid compatibility requirement for all handset models offered for sale or use in the United States. In addition, the
100% HAC NPRM
sought comment on certain implementation proposals and updates to the hearing aid compatibility rules related to the proposed 100% hearing aid compatibility requirement. These proposals included requirements for hearing aid compatibility settings in handset models, revised website posting, labeling and disclosure rules, and revised reporting requirements along with seeking comment on revising the heading of § 20.19 of the Commission's rules to better reflect the scope of its requirements.

IV. Discussion

A. Establishing a 100% Hearing Aid Compatibility Requirement

We find that establishing a 100% hearing aid compatibility requirement for all handset models offered for sale or use in the United States meets the requirements of section 710(e) of the Communications Act. In the
100% HAC NPRM,
we stated that we would use a section 710(e) analysis to evaluate whether a 100% hearing aid compatibility requirement is achievable, and we tentatively concluded that requiring 100% of all handset models to be certified as hearing aid-compatible is an achievable objective. In reaching this tentative conclusion, we noted that the Commission had previously decided that it would make a determination of whether a 100% hearing aid compatibility requirement is achievable utilizing a section 710(e) analysis.

We find that section 710(e) provides the appropriate standard for evaluating whether 100% hearing aid compatibility is an achievable objective. The Commission has used a section 710(e) analysis when considering whether to adjust handset model deployment benchmarks. Continuing to use this standard to determine whether to adopt a 100% hearing aid compatibility

requirement is consistent with Commission precedent, and the record supports our decision. Commenters agree that adopting a 100% hearing aid compatibility requirement is consistent with the requirements of section 710(e) and that adopting a 100% hearing aid compatibility requirement will benefit consumers with hearing loss. Further, commenters state that adopting a 100% hearing aid compatibility requirement will encourage the use of currently available technology and will not discourage or impair the development of improved technology.

Section 710(e) requires the Commission, in establishing regulations to help ensure access to telecommunications services by those with hearing loss, to “consider costs and benefits to all telephone users, including persons with and without hearing loss,” and to “ensure that regulations adopted to implement [the Hearing Aid Compatibility Act] encourage the use of currently available technology and do not discourage or impair the development of improved technology.” Section 710(e) further directs the Commission to use appropriate timetables and benchmarks to the extent necessary due to technical feasibility or to ensure marketability or availability of new technologies to users.

We find that the benefits of adopting a 100% hearing aid compatibility requirement for all handset models offered for sale or use in the United States will exceed the costs. As the record reflects, a 100% hearing aid compatibility requirement will provide significant benefits to those with hearing loss by ensuring that all handset models offered for sale or use in the United States are hearing aid-compatible rather than only a certain percentage of these handset models. Under this final rule, consumers with hearing loss will be able to consider any handset model for purchase rather than just a limited number of handset models. We agree with Accessibility Advocates that, given that two-thirds of all households are wireless only and that most people, including those with hearing loss, rely solely on wireless handsets for their telecommunication needs, a 100% hearing aid compatibility requirement has become essential. Further, we do not anticipate any costs for those with or without hearing loss if non-compliant handset models are discontinued, considering the overwhelming share of wireless handset models already meet acoustic and telecoil standards and most include some form of Bluetooth coupling technology. In addition, given our decision below to allow the grandfathering of existing hearing aid-compatible handset models, we do not find that our 100% compliance standard will reduce the affordability of lowest-cost handset models or adversely affect low-income persons.

With respect to the costs and benefits for handset manufacturers and service providers, Accessibility Advocates and the Competitive Telecommunications Industry Association (CTIA) state that the benefits of a 100% hearing aid compatibility requirement will exceed its costs for these types of companies. We find that the costs to handset manufacturers and service providers should be minimally different than they are now. The vast majority of new handset models are already hearing aid-compatible, and, in fact, the great majority of handset manufacturers and service providers are already at the 100% standard. The HAC Task Force states that as of August 2022, about 93% of wireless handset models offered by manufacturers were already certified as hearing aid-compatible under the 2011 ANSI Standard or an older ANSI standard, which exceeds the benchmarks in the Commission's current rules.

In addition, as required by section 710(e), we find that a 100% compliance standard will encourage the use of currently available technology and will not discourage or impair the development of improved technology. The HAC Task Force, Accessibility Advocates, and CTIA agree with this conclusion. Handset manufacturers, service providers, and consumer organizations that compose the HAC Task Force all unanimously support its consensus proposal for achieving 100% compliance. The HAC Task Force's Final Report and the record in this proceeding provides no indication or evidence that adopting this new standard will discourage the use of currently available coupling technologies, such as acoustic and telecoil coupling, or the development of improved coupling technologies. Further, as discussed below and consistent with the HAC Task Force's recommendation, we are adopting a new Bluetooth coupling requirement that commenters indicate will encourage the use of currently available Bluetooth coupling technology and the development of new and advanced Bluetooth coupling technology.

Further, we conclude that adopting a 100% hearing aid compatibility compliance standard in conjunction with the transition periods and handset model deployment benchmarks that we adopt below is consistent with the requirements of section 710(e) The transition periods that we adopt below will allow sufficient time to expand access to hearing aid-compatible handset models while giving handset manufacturers and service providers sufficient notice and lead time to build hearing aid compatibilities into all future handset models rather than into just a certain percentage of future handset models. Handset manufacturers are familiar with the 2019 ANSI Standard, which is the exclusive testing standard for determining capability. Handset manufacturers are already using this standard to certify new handset models as hearing aid compatible. Similarly, the new Bluetooth coupling requirement allows handset manufacturers to continue to use Bluetooth coupling technology that they already include in their current handset models. As a result, the 100% hearing aid compatibility transition periods that we adopt below take into consideration technical feasibility and will ensure a smooth transition to a 100% hearing aid compatibility requirement.

Finally, the handset model deployment benchmarks we adopt below take into consideration that, while many consumers prefer Bluetooth over telecoil coupling, there are still those who prefer telecoil coupling. Our handset model deployment benchmarks ensure the marketability of new handset models by adopting the HAC Task Force's recommendation on the appropriate split between future handset models that should be required to include Bluetooth coupling technology and those that should be required to include telecoils. In addition, the Bluetooth coupling functionality requirements that we adopt below will encourage the development of advanced Bluetooth coupling technologies that will further benefit consumers with hearing loss. As a result, we find that our 100% hearing aid compatibility requirement properly considers technical feasibility and ensures the marketability and availability of new hearing aid compatibility technology.

B. Expanding the Definition of Hearing Aid Compatibility

We adopt the HAC Task Force's expanded definition of hearing aid compatibility, which defines a hearing aid-compatible handset model as: (1) having an internal means for compatibility; (2) meets established technical standards for hearing aid coupling or compatibility; and (3) is usable. Further, we adopt the HAC Task Force's recommendations on how we

should define each of these terms. This expanded definition of hearing aid compatibility allows us to continue to use ANSI certification standards that we incorporate by reference into our hearing aid compatibility rules to objectively measure acoustic, telecoil, and volume control compatibility. Further, this revised definition allows us to adopt a coupling requirement that is based on Bluetooth coupling technologies that meet certain functional requirements that we expressly incorporate into the Commission's hearing aid compatibility rules without also expressly incorporating a specific Bluetooth coupling technology, such as Bluetooth LE Audio and the related Bluetooth HAP standards.

In the
100% HAC NPRM,
we observed that our existing hearing aid compatibility rules do not contain an express definition of hearing aid compatibility in the definition section of the rules. Rather, we stated that our hearing aid compatibility rules provide that a handset model is considered to be hearing aid-compatible if it has been certified as such under a Commission-approved technical standard that the Commission has expressly incorporated by reference into the hearing aid compatibility rules through notice and comment rulemaking procedures. In the
100% HAC NPRM,
we sought comment on defining hearing aid compatibility in a more flexible manner than whether a handset model merely meets the criteria of a technical certification standard that the Commission has incorporated by reference into the rules. Specifically, we sought comment on whether we should adopt what the HAC Task Force calls a more forward-looking, flexible definition of hearing aid compatibility that reflects changing coupling technologies. This definition would define a hearing aid-compatible handset model as a handset model that: (1) has an internal means for compatibility; (2) meets established technical standards for hearing aid coupling or compatibility; and (3) is usable.

Commenters urge us to adopt the HAC Task Force's flexible and forward-looking revised definition of hearing aid compatibility. In its comments, the HAC Task Force asserts that this revised definition of hearing aid compatibility benefits consumers with hearing loss and meets the needs of handset manufacturers and service providers. We find that this revised definition of hearing aid compatibility allows the Commission's rules to keep pace with evolving coupling technologies and to ensure that consumers with hearing loss have access to the latest handset models with the most current coupling technology. Further, we find this revised definition is consistent with our 100% hearing aid compatibility requirement because it allows for a wider range of coupling technologies. As discussed below, it permits us to mandate a Bluetooth coupling requirement without specifying a specific Bluetooth coupling technology and gives us the ability to expand our coupling requirements in the future without having to incorporate a specific coupling standard into the hearing aid compatibility rules, as the Commission presently does with respect to acoustic, telecoil, and volume control certification requirements.

We also adopt the HAC Task Force's recommendations for defining each of the terms that comprise the three parts of our new definition of hearing aid compatibility. Commenters support this approach, asserting that the revised definition should be broadly construed to ensure increased innovation that meets the needs of consumers with hearing loss. Competitive Carriers Association (CCA) states that in order to ensure the strongest compatibility framework, the definition must allow for the express incorporation of alternative and innovative coupling technologies.

Part 1: “Having an Internal Means of Compatibility.”
We adopt the HAC Task Force's recommendation that we define “having an internal means for compatibility” to mean that the compatibility must be provided as an integral part of the handset model rather than through the use of add-on components that significantly enlarge or alter the shape or weight of the handset model as compared to other handset models offered by the same manufacturer. This definition is consistent with section 710(b)(1) of the Communications Act which requires the Commission to ensure that handset models have an internal means for effective use with hearing aids. Further, this definition is consistent with the Commission's past interpretation of this statutory language. In the
2003 HAC Order,
68 FR 54173 (September 16, 2003), the Commission interpreted this statutory language to mean that the capability must be provided as an integral part of the handset model, rather than through the use of add-on components that significantly enlarge or alter the shape or weight of the handset model as compared to other handset models offered by manufacturers. Further, the Commission stated that many consumers find the use of accessory devices such as neck loops or hands-free headsets to be unduly restrictive because they are cumbersome, inconvenient, and expensive.

Accessibility Advocates and the Mobile & Wireless Forum (MWF) recognize that this definition of internal compatibility is consistent with our current requirements concerning acoustic and telecoil connectivity, as well as volume control functionality, because these forms of hearing aid compatibility are built into handset models. Further, Accessibility Advocates state that relying on external compatibility solutions does not give consumers with hearing loss equal access to the functionality of handset models that internal solutions provide. Accessibility Advocates also state that external wireless solutions have never been construed as providing “equal access” and should not be now. We agree. As required by section 710(b)(1), we will continue to require that hearing aid capability features in handset models provide an internal means for effective use with hearing aids.

Part 2: “Meets Established Technical Standards for Hearing Aid Coupling or Compatibility.”
We also adopt the HAC Task Force's recommendation for how we should define the term “meets established technical standards for hearing aid coupling or compatibility.” Like the first part of our expanded definition of hearing aid compatibility, this part of our revised definition also incorporates the requirements of section 710(b)(1) of the Communications Act. This section requires the Commission to ensure that handsets must meet established technical standards for effective use of handset models with hearing aids. The Commission interprets this directive to require that handset models work with hearing aids through built-in functionality that is testable to a technical standard to ensure that the compatibility can be objectively measured. The Commission's current rules utilize ANSI standards to satisfy this requirement, which the Commission has incorporated by reference into the hearing aid compatibility rules. ANSI standards provide measurement methodologies and performance criteria testing requirements that are used to objectively measure acoustic and telecoil connectivity and volume control functionality.

The HAC Task Force acknowledges that the reference to established technical standards in our expanded definition of hearing aid compatibility allows the Commission to continue to rely on ANSI standards as currently provided in § 20.19(b) of the Commission's rules. The Commission

has recognized, however, that section 710(e) of the Communications Act requires that the Commission's regulations not discourage or impair the development of improved technology. It is with this statutory directive in mind that we expand our definition of hearing aid compatibility to allow for the use of technical standards that require the effective use of handset models with hearing aids that the Commission does not specifically incorporate by reference into the hearing aid compatibility rules. In these circumstances, the Commission will ensure effective use by adopting functionality requirements that include performance requirements. We agree with the HAC Task Force that these types of technical standards should ensure that the hearing aid compatibility technology is interoperable, non-proprietary, and adopted by industry and consumers alike. Consistent with the HAC Task Force's recommendation, we will consider factors such as ease-of-use, reliability, industry adoption, and consumer use and adoption when evaluating whether technical standards defined by functionality requirements provide for effective use of handset models with hearing aids.

Part 3: “Is Usable.”
Finally, we adopt the HAC Task Force's recommendation for how we should define the term “is usable.” We agree with the HAC Task Force that this term should mean that consumers with hearing loss must have adequate information on how to operate their handset models and access to the full functionality and documentation for their handset models, including instructions, product information (including accessible feature information), documentations, bills, and technical support which is provided to individuals without hearing loss. As Accessibility Advocates recognize, these requirements are consistent with sections 255 and 716 of the Communications Act. Section 255(b) provides that “[a] manufacturer of telecommunications equipment or customer premises equipment shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if ready achievable.” Further, section 255(c) provides that “[a] provider of telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable.” In addition, section 716(a)(1) of the Communications Act provides that “a manufacturer of equipment used for advanced communications services, including end user equipment, network equipment, and software, shall ensure that the equipment and software that such manufacturer offers for sale or otherwise distributes in interstate commerce shall be accessible to and usable by individuals with disabilities, unless the requirements . . . are not achievable.” Usability is critically important to consumers with hearing loss, and we will consider usability to be a significant factor in deciding whether to expand our rules to allow for new coupling methodologies that we do not necessarily specifically incorporate into our rules.

C. Adopting a Bluetooth Coupling Requirement

We adopt a Bluetooth coupling requirement that is based on Bluetooth coupling technology that meets the requirements of our expanded definition of hearing aid compatibility that we adopted above and certain functional requirements that we adopt below. In the
100% HAC NPRM,
we sought comment on the HAC Task Force recommendation that the Commission adopt a Bluetooth coupling requirement and that the Commission expand the definition of hearing aid compatibility to allow for this requirement. We find that adopting a Bluetooth coupling requirement is consistent with section 710 of the Communications Act. We therefore adopt a Bluetooth coupling requirement that is based on our expanded definition of hearing aid compatibility and on a functional definition of Bluetooth coupling technology.

Sections 710(a) and (c) of the Communications Act require the Commission to establish regulations “to ensure reasonable access to telephone service by persons with impaired hearing” and to “establish or approve such technical standards as are required” to do so. Section 710(c) also provides that the Commission is the final arbiter as to whether standards meet technical standard requirements. The Commission relies on this statutory authority when it incorporates by reference new ANSI standards into the hearing aid compatibility rules. When a new ANSI standard becomes available, the ANSI committee petitions the Commission to adopt the new standard. The Commission seeks comment on the petition and implementation issues related to the new standard. After considering the views of all interested parties, including members of the public with hearing loss, the Commission decides whether to incorporate the new standard into the hearing aid compatibility rules along with any related implementation provisions. The Commission followed this process when it determined to incorporate by reference the 2019 ANSI Standard into the hearing aid compatibility rules.

In the present case, the HAC Task Force recommends that the Commission adopt Bluetooth coupling methods such as Bluetooth Classic, Made-for-iPhone (MFi), and Audio Streaming for Hearing Aids (ASHA) into the hearing aid compatibility rules for a period of transition. The Commission has twice sought comment on this recommendation. First, WTB issued a Public Notice in WT Docket No. 15-285 asking for comment on the HAC Task Force's Final Report, including its Bluetooth coupling recommendation (DA 23-251 (March 23, 2023)). Based on these comments, we released the
100% HAC NPRM
in which we proposed to expand the definition of hearing aid compatibility to include a Bluetooth coupling requirement. As required by sections 710(a) and (c) of the Communications Act, we sought comment on this proposal and on suggestions for how we should implement it. Commenters support this proposal to adopt a Bluetooth coupling requirement and provide comments on how we should implement the requirement. Based on this record, we adopt the HAC Task Force's Bluetooth coupling recommendation.

Bluetooth is an umbrella term for a group of related technical profiles that enable devices to communicate wirelessly with each other over a short distance. Bluetooth coupling has become a popular way to pair wireless handset models with hearing aids, as compared to acoustic and telecoil coupling methods. Bluetooth coupling technology is incorporated into handset models using internal chipsets and antennas. Unlike telecoils, Bluetooth audio transmission methods are expressly designed to transmit and facilitate audio. The vast majority of current handset models include some type of Bluetooth coupling technology. Bluetooth transmission power is generally limited to 2.5 milliwatts, which gives it a limited range of approximately 33 feet. It uses Ultra High Frequency (UHF) radio waves in the Industrial, Scientific, and Medical (ISM) bands from 2.402 GHz to 2.48 GHz. Once a handset is paired with hearing aids, the handset will remember the hearing aids and automatically pair with the hearing aids if the user disconnects the handset from the hearing aids in order to connect the hearing aids to another device, unless the user asks the handset model to forget the pairing.

The Bluetooth Special Interest Group (Bluetooth SIG) is a standards setting

body that manages and oversees the Bluetooth standard. Handset manufacturers must meet Bluetooth SIG standards in order to market their products as Bluetooth enabled devices. A network of patents applies to the technology, which is licensed to individual qualifying devices. Bluetooth SIG works with handset and hearing aid manufacturers when formulating new Bluetooth pairing standards. Recently, Bluetooth SIG worked with hearing aid manufacturers to standardize wireless coupling and wireless streaming for hearings aids using Bluetooth pairing technology that ensures that users have the best opportunity to pair their hearing aids with their handsets. As a result of this work, Bluetooth SIG has introduced Bluetooth LE Audio, Bluetooth HAP, and the Public Access Profile specification for coupling with Auracast (Bluetooth Auracast) that allows wireless broadcast audio streaming from audio sources in public locations. Bluetooth LE Audio, Bluetooth HAP, and Bluetooth Auracast are non-proprietary, low energy Bluetooth coupling standards.

We find that adopting a Bluetooth coupling requirement is supported by the record and is consistent with our revised definition of hearing aid compatibility. Bluetooth coupling technology uses an internal means of pairing handsets with hearing aids without altering the physical shape of the handset or requiring additional equipment. It relies on chipsets and antennas located within a handset model that allow the handset model to wirelessly connect to hearing aids over short distances. The chipsets use a codec to control audio quality, and the Bluetooth LE Audio standard utilizes an updated codec. Bluetooth coupling technology provides a built-in pairing functionality that is not dependent on any add-on components. As a result, we find that Bluetooth coupling technology satisfies the internal requirement of our revised definition of hearing aid compatibility.

We also find that our Bluetooth coupling requirement is based on established technical standards for hearing aid compatibility that provide for effective use of handsets with hearing aids. The Bluetooth standard is maintained and overseen by the Bluetooth SIG standards setting body, which relies on handset and hearing aid manufacturer input when establishing or modifying the standard. The standard uses a measurable performance standard that provides an objective measurement of interoperability to ensure the effective use of handsets with hearing aids. The term “Bluetooth” is a registered trademark, and the Bluetooth SIG enforces the trademark through a license enforcement program. Handset and hearing aid manufacturers cannot include the registered trademark on their products without ensuring that their products are properly qualified. The Bluetooth SIG monitors the marketplace to ensure that all products being sold as including Bluetooth pairing technology have successfully completed the Bluetooth Qualification Process. For these reasons, we find that our Bluetooth coupling requirement meets the established technical standard for effective use of handsets with hearing aids as required by our revised definition of hearing aid compatibility.

Further, we find that Bluetooth coupling technology is usable, as required by our revised definition of hearing aid compatibility. The record indicates that many consumers prefer to pair their handsets to their hearing aids using a Bluetooth connection rather than an acoustic or telecoil connection. This fact demonstrates that consumers find Bluetooth coupling usable and that they have the information that they need to connect their handsets to their hearing aids. Bluetooth coupling technology is widely included in many, if not most, current handsets, is well known to consumers, and is easy to use in terms of pairing handsets to hearing aids. The new Bluetooth HAP standard is specifically designed to enable handset models to connect directly to hearing aids using Bluetooth LE Audio. Bluetooth coupling technology gives consumers with hearing loss the same access to the functionality of their handsets as consumers without hearing loss. Consumers with hearing loss can connect and disconnect to their hearing aids in the same fashion and in the same time frame as consumers without hearing loss might connect their handsets to earbuds or an external speaker.

Further, unlike with acoustic or telecoil coupling, Bluetooth coupling does not require users to hold the handset next to their ears. Rather, users can place the handset nearby and keep their hands free. This flexibility may in part account for the popularity of Bluetooth coupling. Bluetooth coupling also gives consumers with hearing loss the flexibility to disconnect their handsets from their hearing aids and to easily reconnect their handsets to their hearing aids at a later time. Bluetooth technology remembers established pairings. Finally, Bluetooth coupling delivers a high-quality audio signal that is purposely designed for audio transmission. The quality of this connection is the same for consumers with hearing loss as it is for consumers without hearing loss. For these reasons, we find that Bluetooth coupling technology is usable and meets the requirements of ease-of-use, reliability, industry adoption, and consumer use and adoption.

While we adopt a Bluetooth coupling requirement that is not based on a specific Bluetooth standard, we agree with Accessibility Advocates that handset manufacturers must consider certain functional requirements when determining which specific Bluetooth coupling technology to include in their future handset models in order to satisfy our new Bluetooth coupling requirement. In order to meet our new Bluetooth coupling requirement, we require handset manufacturers to include Bluetooth coupling technology in their future handset models that: (1) utilizes a global, low power wireless technology standard for high quality audio voice streaming; (2) is a standalone non-proprietary implementation; (3) is a qualified implementation that has undergone testing to verify that the product conforms to the specifications it claims to support; (4) offers full interoperability between hearing aids and handset models to enable inter-network, inter-provider, inter-platform, and inter-handset manufacturer functionality; and (5) uses a design that meets broad, generic hearing aid requirements that addresses needed features when coupling to handset models for all forms of voice calls and associated handset model use. Below we adopt the Bluetooth handset model deployment benchmark that the HAC Task Force recommends, and we adopt a Bluetooth transition period that allows handset manufacturers and service providers sufficient time to adjust their handset model portfolios to meet our new Bluetooth coupling requirement.

Finally, we note that section 710(c) of the Communications Act requires the Commission to establish or approve such technical standards as are required to ensure the compatibility of handsets models with hearing aids. To verify our Bluetooth compatibility requirements, we require handset manufacturers to provide, as part of the statement required pursuant to § 2.1033(d) of our rules, a sworn declaration attesting to the handset model's compliance with our Bluetooth compatibility requirements. These sworn declarations must be in accordance with § 1.16 of our rules and provide: (1) the specific Bluetooth coupling standard included in each handset model; (2) that the relevant handset model has been tested to ensure compliance with the

designated Bluetooth coupling standard; and (3) after the transition to a non-proprietary Bluetooth requirement, that the included Bluetooth coupling technology is consistent with our Bluetooth functionality requirements.

In addition, as the Commission has in the past, we will continue to monitor the use of Bluetooth coupling technology as an effective means of pairing handsets to hearing aids and should we become aware of an issue with Bluetooth coupling, we will initiate a proceeding to review the requirement. We will monitor compliance with our Bluetooth coupling requirement in part through the Commission's consumer complaint process.

D. Handset Model Deployment Benchmarks

After the applicable 100% hearing aid compatibility transition period ends, all handset models offered for sale or use in the United States must be hearing aid-compatible. Any non-hearing aid compatible handset models cannot obtain a certification under 47 CFR part 2, subpart J, and handset manufacturers and service providers must remove all non-hearing aid-compatible handset models from their portfolios without exception. Further, after passage of the relevant transition period, handset manufacturers and service providers must ensure that each handset model in their handset model portfolios have at least two ways to pair with hearing aids. Specifically, after the relevant transition period is completed, 100% of all handset models in a handset model portfolio must meet acoustic coupling standards and 85% of these same handset models must also meet telecoil coupling standards. The remaining 15% of these handset models must meet our new Bluetooth coupling requirement, along with acoustic standards. The 15% of handset models that must meet the Bluetooth coupling requirement, along with acoustic requirements, can also contain telecoils, but they are not required to do so. If they do include telecoils, then these handset models would meet three pairing requirements, but the 15% requirement only requires these handset models to meet acoustic and Bluetooth coupling requirements.

Further, after the relevant 100% hearing aid compatibility transition period ends, any new handset model that handset manufacturers and service providers add to their handset model portfolios must meet applicable volume control requirements, as well as the other technical requirements of the 2019 ANSI Standard that is currently used for certification purposes. We will allow the volume control requirement to be met using the volume control waiver standard adopted in the
HAC Waiver Order,
as long as it remains in effect. This decision to impose a 100% volume control benchmark on handset models added to handset model portfolios after the applicable 100% hearing aid compatibility transition period ends allows handset manufacturers and service providers to continue to offer handset models certified under the 2011 ANSI Standard or older standards and to count these handset models for handset model deployment purposes, as long as these handset models were being offered for sale or use in the United States prior to the expiration of the relevant 100% hearing aid compatibility transition period. Finally, we will allow proprietary, as well as non-proprietary, Bluetooth coupling standards to satisfy our new Bluetooth pairing requirement during a 48-month transition period to an exclusively non-proprietary Bluetooth pairing requirement.

In the
100% HAC NPRM,
we sought comment on the HAC Task Force's recommendation that we require all handset models offered for sale or use in the United States to have at least two forms of coupling. Based on the HAC Task Force's recommendation, we proposed to require that: (1) 100% of handset models be required to meet an acoustic coupling requirement; and (2) 100% of handset models be required to meet
either
a telecoil or a Bluetooth coupling requirement. Specifically, at least 85% of handset models would be required to meet a telecoil requirement and at least 15% of handset models would be required to meet a Bluetooth coupling requirement. Handset models meeting the Bluetooth coupling requirement could include telecoils, but would not be required to include telecoils. We also proposed to allow handset manufacturers and service providers to continue to be able to offer for sale or use handset models certified as hearing aid-compatible under the 2011 ANSI Standard or older standards after the end of the relevant transition periods, as long as the handset models were being offered for sale or use prior to the expiration of the relevant transition periods. In addition, we sought comment on whether we should adopt a volume control handset model deployment benchmark.

The record supports our adoption of the handset model deployment benchmarks that we proposed in the
100% HAC NPRM.
This support includes requiring handset manufacturers and service providers to remove from their handset model portfolios all non-hearing aid-compatible handset models after the expiration of the relevant 100% hearing aid compatibility transition periods. The HAC Task Force's Final Report provides that after passage of the relevant transition period “All handset models must be hearing aid-compatible . . . .” The HAC Task Force states that all of its members support 100% hearing aid compatibility, and Accessibility Advocates confirm that 100% hearing aid compatibility was an area of consensus among members of the HAC Task Force. The HAC Task Force's Final Report provides that 93% of the handset models offered by handset manufacturers for the reporting period July 1, 2021, to June 30, 2022, were rated as hearing aid-compatible and more recent reports indicate that this number is higher than 93%. In fact, many handset manufacturers and service providers report that all of the handset models in their handset model portfolios are rated as hearing aid compatible. As a result, the removal of non-hearing aid-compatible handset models from the marketplace has been ongoing for years and is part of the natural progression of handset model development.

With respect to acoustic coupling, there is no disagreement in the record that we should adopt a 100% acoustic coupling benchmark. These same commenters also support our adopting the proposed 85/15% split between telecoil and Bluetooth coupling. One commenter, however, supports a 100% benchmark for telecoil coupling claiming that consumers “who are hard of hearing prefer telecoil technology over Bluetooth technology. We determine to maintain the current 85% benchmark requirement for telecoil coupling. This percentage is supported by the HAC Task Force and other commenters, including Accessibility Advocates. According to a survey the HAC Task Force conducted, most consumers prefer to use Bluetooth connectivity for pairing handsets to hearing aids, as compared to telecoils. The HAC Task Force found that telecoil use is stagnating. The record indicates that consumers prefer Bluetooth coupling over telecoil coupling and that as consumers age into hearing loss they are likely to be more familiar with Bluetooth coupling than with telecoil coupling. Rather than revising the 85% telecoil coupling benchmark at this time, we will maintain it and, as commenters suggest, monitor this issue going forward. In the meantime, maintaining the 85% telecoil coupling requirement gives handset manufacturers space in 15% of their

handset models for technological innovation if they wish to use it for something other than telecoils.

In monitoring this issue going forward, we will consider such factors as consumer and technology trends for Bluetooth and telecoil coupling and take into consideration consumer preferences and trends, changes in the marketplace, and developments in research and technical standards pertaining to hearing aid compatibility. We will monitor this issue in the years leading up to the end of the Bluetooth non-proprietary transition period and continue to monitor the issue thereafter. If we become aware that an adjustment to the handset model deployment benchmarks for telecoil and Bluetooth coupling might be warranted, we will take appropriate action. As always, we are committed to continuing to ensure that our wireless hearing aid compatibility provisions keep pace with technological advances and marketplace realities.

After the applicable 100% hearing aid compatibility transition date ends, handset manufacturers and service providers must ensure that 15% of the total number of handset models in their handset model portfolios meet our new Bluetooth coupling requirement, along with the applicable acoustic coupling requirement. While this set of handset models may include telecoils, they must meet the Bluetooth coupling requirement. We will allow handset manufacturers and service providers to meet the Bluetooth coupling requirement using either proprietary or non-proprietary Bluetooth coupling standards during the 48-month transition period to a non-proprietary Bluetooth coupling requirement, as discussed below. This decision to permit the use of proprietary Bluetooth coupling standards during the 48-month transition period reflects the marketplace reality that Apple and Android handset models use the proprietary Bluetooth coupling technologies MFi and ASHA standards, respectively, and that non-proprietary Bluetooth coupling standards, such as Bluetooth LE Audio, Bluetooth HAP, and the related Bluetooth Auracast, are newer standards that are now gaining market share.

Allowing the continued use of proprietary Bluetooth coupling standards is consistent with section 710(e) of the Communications Act, which requires the Commission to “ensure that [hearing aid compatibility] regulations . . . encourage the use of currently available technology and do not discourage or impair the development of improved technology.” The HAC Task Force and Accessibility Advocates state that Bluetooth LE Audio and Bluetooth HAP will require some time to be universally adopted and that, in the meantime, we should allow the use of proprietary Bluetooth coupling standards during a transition period to a non-proprietary Bluetooth coupling standard. The HAC Task Force asserts that the non-proprietary Bluetooth coupling standards Bluetooth LE Audio and Bluetooth HAP will become widely available in handset models in a few years. Consistent with the requirements of section 710(e), therefore, we will allow the use of currently available technology by allowing the use of proprietary Bluetooth coupling standards without discouraging or impairing the development of improved coupling technology such as Bluetooth LE Audio and Bluetooth HAP.

We will not require handset manufacturers and service providers to stop offering handset models certified under the 2011 ANSI Standard or older standards after passage of the relevant 100% hearing aid compatibility transition periods, if these handset models were being offered for sale or use in the United States prior to the expiration of the relevant transition period. This approach is consistent with our traditional grandfathering rule that allows handset models certified as hearing aid-compatible to continue to be used to satisfy handset model deployment benchmarks as long as the handset models were being offered for sale or use in the United States prior to the transition date for exclusive use of the new certification standard. We will allow handset manufacturers and service providers to keep offering handset models that meet this grandfathering requirement in their handset model portfolios, and we will allow them to count these handset models for purposes of complying with the 100% acoustic coupling requirement and the 85% telecoil coupling requirement. We will also allow these handset models to be counted for purposes of meeting the 15% Bluetooth coupling requirement if these grandfathered handset models contain Bluetooth coupling technology that meets our Bluetooth coupling requirements.

With respect to the volume control benchmark, we adopt a 100% volume control benchmark requirement that applies to all new handset models that handset manufacturers and service providers add to their handset model portfolios after the passage of the relevant 100% hearing aid compatibility transition period. The 2019 ANSI Standard is currently the exclusive certification standard, and this standard includes a volume control requirement. After the relevant 100% hearing aid compatibility transition period ends, all new handset models that handset manufacturers and service providers add to their handset model portfolios must meet the requirements of the 2019 ANSI Standard, including the volume control requirements. By taking this approach we allow handset manufacturers and service providers to maintain grandfathered handset models in their handset model portfolios until they are replaced with handset models meeting the requirements of the 2019 ANSI Standard. As these grandfathered handset models are replaced through the natural handset model product cycle, an increasing number of handset models in handset model portfolios will meet volume control requirements. This result will benefit consumers by giving them more handset model options to choose from that meet volume control requirements.

We disagree with CTIA that it is premature to adopt a volume control benchmark, and that we should wait until the Commission adopts a new volume control standard before adopting a volume control benchmark. The 2019 ANSI Standard is the exclusive certification standard in effect at this time, and this standard includes volume control certification requirements. In order to be certified as hearing aid-compatible, new handset models must meet the 2019 ANSI Standard's acoustic and telecoil certification requirements, as well as the standard's volume control requirements as recently modified by the
HAC Waiver Order.
As of now, a new handset model cannot be certified as hearing aid-compatible without meeting volume control requirements. Therefore, adopting a 100% volume control benchmark for all new handset models added to handset model portfolios after passage of the relevant 100% hearing aid compatibility transition period is consistent with current certification requirements.

We also agree with those commenters who argue that if we adopt a volume control benchmark it should be based on the volume control waiver standard adopted in the
HAC Waiver Order.
We will allow the volume control requirements to be met using the volume control waiver standard, as long as that standard remains in effect. Specifically, we will allow new handset models that handset manufacturers and service providers add to their handset model portfolios to meet the volume control waiver standard as long as it remains in effect, as well as the full

volume control standard or any new volume control standard the Commission adopts in the future. We agree with Accessibility Advocates that a volume control requirement is particularly important for consumers with hearing loss who primarily rely on acoustic coupling or who do not use hearing aids.

CTIA expresses concern that “there is likely to be a gap between the expiration of the current waiver and recognition by the Commission of the new ANSI volume control standard.” CTIA requests that the Commission direct WTB to extend the waiver deadline as appropriate pending adoption of the new volume control standard. We decline to take this step at this time. The
100% HAC NPRM
did not seek comment on the issue of extending the volume control waiver deadline. We do not have a record on which to evaluate the merits of this request and to determine whether it is consistent with the public interest. Accessibility Advocates have also responded to CTIA's request and asked that the Commission conduct a thorough review of the facts and circumstances before granting an extension to the waiver. We encourage CTIA and its members to continue actively working towards the development of a new volume control standard. If CTIA believes that the Commission should extend the waiver deadline, it can file a waiver request asking the Commission to take this step and WTB will evaluate the request based on the waiver standard in the Commission's rules.

We will not require handset models certified under the 2011 ANSI Standard or older standards to be recertified under the 2019 ANSI Standard. These handset models were not designed to meet the testing requirements of the 2019 ANSI Standard and, in order for these handset models to pass the 2019 ANSI Standard's testing requirements, they might have to be physically altered. Requiring these handset models to be physical altered would be costly and burdensome to handset manufacturers and inconsistent with our traditional grandfathering rule. In addition, older hearing aid-compatible handset models tend to be lower priced than newer hearing aid-compatible handset models and requiring them to be removed from the marketplace or physically altered would deprive consumers of low price options.

We also emphasize that consistent with past practice, handset manufacturers and service providers that choose to offer compliant handset models through a central distribution point, rather than through individual retail outlets, must do so in a timely fashion. Specifically, the Commission has stated that it expects service providers to make their best efforts to provide compliant handset models to consumers that order them within 48 hours to an address designated by the consumer. The Commission has specifically stated that using a central distribution point does not alter a service provider's existing obligation to provide compliant handset models in their retail stores for consumers to test as set forth in § 20.19(c)(4). To the contrary, the central distribution point approach merely provides the flexibility to offer compliant handset models through a central distribution point. As a result, handset manufacturers and service providers may not simply list a handset model as available on its website in order to meet our handset model deployment benchmarks. Rather, handset manufacturers and service providers must make their best efforts to ensure that all of the handset models they offer can be in the hands of consumers within 48 hours of the consumer ordering the handset model. Further, all handset manufacturers and service providers must use their best efforts to make available all hearing aid-compatible handset models that they offer for sale or use to consumers to test, in each retail store owned or operated by the handset manufacturer or service provider. We take these steps to ensure that the hearing aid-compatible handset models that handset manufacturer and service providers indicate that they offer for sale or use are actually available to consumers to test and purchase.

CTIA objects to handset manufacturers being required to make available for consumers to test, in each retail store owned or operated by the handset manufacturer, all hearing aid-compatible handset models that they offer for sale or use. In addition, CTIA objects to handset manufacturers and service providers being required to make their best efforts to ensure that all of the handset models they offer can be in the hands of consumers within 48 hours of the consumer ordering the handset model. We note that service providers are already required to make available for consumers to test, in each retail store owned or operated by the service provider, all of its handset models that are hearing aid-compatible under the Commission's hearing aid compatibility rules. In addition, the Commission adopted the 48-hour policy in the
2003 HAC Order
and handset manufacturers and service providers have been required to abide by this requirement for over twenty years.

We acknowledge CTIA's concerns about the practical effect of the in-store testing requirement now that 100% of handset models offered for sale or use in the United States must be hearing aid compatible. Given supply chain challenges, it may be difficult for service providers and handset manufacturers to make available all of their handset models in every retail store at all times. On the other hand, we agree with the Accessibility Advocates on the value of in-store testing “so that consumers can make informed decisions about which phones will meet their HAC needs.” Accordingly, while we maintain an in-store testing requirement, we will modify the rule to require handset manufacturers and service providers
to use best efforts
to make available for consumers to test, in each retail store owned or operated by the service provider, all of its handset models that are hearing aid-compatible under the Commission's hearing aid compatibility rules. If a handset model is not available in-store for testing, the handset manufacturer or service provider must use its best efforts to make the handset model available for the consumer to test within 48 hours either by shipping the handset model to the store or to the consumer's home. We maintain the 48-hour central distribution policy and include it in our rules to make clear the obligation that service providers and handset manufacturers that choose to offer compliant handsets through a central distribution point, rather than through individual retail outlets, must do so in a timely fashion.

We find these requirements to be reasonable because if a handset manufacturer or service provider lists a handset model as available for sale or use in the United States on its publicly accessible website or counts the handset model for handset model deployment benchmark purposes, then the handset model should be available to consumers with hearing loss in a timely manner for testing and purchase. We also note that the Commission's mandatory handset model disclosure language requires handset manufacturers and service providers to notify consumers when a handset model includes air interfaces or frequency bands not covered by the applicable certification standard and “to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interference noise.” As the Commission has previously stated, in-store testing ensures that persons with hearing aids have a meaningful opportunity to identify and become comfortable with a

handset model. Further, in-store testing allows consumers to evaluate volume and interference levels of a given handset model they are considering for purchase and may allow consumers to avoid restocking fees. We also continue to encourage 30-day trial periods and flexible return policies for consumers seeking to obtain hearing aid-compatible handset models, as well as the use of in-store call-out cards that provide information about the compatibility of handset models.

Finally, we will allow handset manufacturers and service providers to round down to the nearest whole number of handset models to meet the 85% telecoil benchmark requirement and to round up to the nearest whole number of handset models to meet the 15% Bluetooth coupling requirement. We will allow rounding in order to avoid the partial compliance issue that would result without rounding. For instance, if a handset manufacturer or a service provider adds three new handset models to its handset model portfolio that already includes two handset models, four of these five handset models would have to meet the telecoil certification requirement and the remaining one would have to meet the Bluetooth coupling requirement. Each of these handset models would also have to meet the relevant acoustic coupling requirement and, if certified under the 2019 ANSI Standard, volume control requirements. After the relevant 100% hearing aid compatibility transition period passes, any rounding for the 85/15% split must still ensure that a handset manufacturer or service provider's entire handset model portfolio meets the requirement that
all
handset models in the portfolio include at least two forms of coupling. In other words, all handset models in a handset manufacturer or service provider's handset model portfolio must meet either: (1) the relevant acoustic and telecoil coupling requirements or (2) the relevant acoustic and Bluetooth coupling requirements. A handset model could meet all three coupling requirements, but it is only required to meet two of the coupling requirements.

E. Transition Periods for 100% Hearing Aid Compatibility

We adopt the 100% hearing aid compatibility transition periods that we proposed in the
100% HAC NPRM.
Specifically, we adopt a 24-month transition period for handset manufacturers to meet the 100% hearing aid compatibility requirement, starting from the effective date of the amended rule adopting the 100% hearing aid compatibility requirement, and a 30-month transition period for nationwide service providers. Further, we adopt a 42-month transition period for non-nationwide service providers. Once the applicable transition period ends, handset manufacturers and service providers must meet the handset model deployment benchmarks discussed above. Handset manufacturers and service providers must remove all non-hearing aid-compatible handset models from their handset model portfolios without exception.

In the
100% HAC NPRM,
we recognized that our proposed transition periods were shorter than the 48-month transition period the HAC Task Force recommends for handset manufacturers and the 60-month transition period it recommends for service providers. The Commission noted, however, that it has previously relied on 24-month transition periods when transitioning to new technical standards and that the Commission has previously found that 24-month transition periods provide the appropriate balance between product development cycles for handset manufacturers and the needs of consumers with hearing loss to receive the benefits of the new technical standard. The Commission also observed that the transition periods it was proposing for service providers would allow these companies to make handset models certified using the latest certification standards available to consumers faster than would be the case if the Commission accepted the HAC Task Force's longer 60-month transition period recommendation.

While the 100% hearing aid compatibility transition periods that we are adopting are shorter than the 48- and 60-month transition periods proposed by the HAC Task Force, we agree with Accessibility Advocates that the transition periods are reasonable. Despite CTIA's assertion that the 48- and 60-month transition periods were carefully negotiated and represent a consensus position, we note that Hearing Loss Association of America (HLAA), which was a member of the HAC Task Force, supports our shorter transition periods. Further, contrary to CTIA's assertion, we find our transition periods reflect real-world realities. Our transition periods are based on handset manufacturers being able to use: (1) the existing 2019 ANSI Standard for acoustic and telecoil certification requirements; (2) the volume control waiver standard adopted in the
HAC Waiver Order;
and (3) a Bluetooth standard of their own choosing, including the continued use of proprietary Bluetooth standards during a 48-month transition period to a non-proprietary requirement, as discussed below.

The Commission adopted the 2019 ANSI Standard in February 2021, and it has been the exclusive hearing aid compatibility testing standard since December 5, 2023. Further, in September 2023, WTB granted a limited waiver of the 2019 ANSI Standard's volume control testing requirements at the request of handset manufacturers and service providers. Therefore, the current hearing aid compatibility testing standards are well known to handset manufacturers and will have been in place well before our 100% hearing aid compatibility transition periods start to run. Indeed, new handset models can only be certified as hearing aid-compatible using the 2019 ANSI Standard and new handset models are already being marketed as meeting the requirements of the 2019 ANSI Standard. In addition, we are allowing handset manufacturers to satisfy our new Bluetooth coupling requirement using Bluetooth coupling standards that they already include in their current handset models. This allowance includes both proprietary and non-proprietary Bluetooth coupling standards.

The vast majority of handset models currently being offered for sale or use in the United States already meet current hearing aid compatibility certification requirements and include some form of Bluetooth coupling technology. By adopting our proposed transition periods, we are ensuring that the benefits of our revised hearing aid compatibility rules reach consumers sooner than would be the case using the HAC Task Force's longer transition periods of 48 months for handset manufacturers and 60 months for service providers. Further, as the Commission has previously found when adopting new technical standards, we find that a 24-month transition period for handset manufacturers provides the appropriate balance between product development cycles and ensuring that consumers with hearing loss gain the benefits of our new standards in a timely manner. In addition, the transition periods we adopt for nationwide and non-nationwide service providers will allow these companies time to adjust their handset model portfolios to meet our 100% hearing aid compatibility requirement while also ensuring faster consumer access to the latest hearing aid-compatible handset models than would be the case using the HAC Task Force's longer 60-month transition period recommendation.

F. Non-Proprietary Bluetooth Standard Benchmark and Transition Period

With respect to the Bluetooth coupling requirement, we adopt a 48-month transition period from the effective date after which handset manufacturers and service providers will have to ensure that 15% of the handset models in their handset model portfolios include non-proprietary Bluetooth coupling technology that meets our new definition of hearing aid compatibility and our Bluetooth functionality requirements. After this 48-month transition period ends, we will not allow proprietary Bluetooth coupling technologies to meet the 15% Bluetooth coupling requirement. Only handset models with non-proprietary Bluetooth coupling technology that meets our new definition of hearing aid compatibility and our Bluetooth functionality requirements will be allowed to satisfy the 15% requirement. These handset models may also include proprietary Bluetooth coupling technology if technically feasible, but they must contain a non-proprietary Bluetooth coupling standard that is completely separate from the proprietary standard.

The HAC Task Force recommends allowing the use of both proprietary and non-proprietary Bluetooth standards, at least through a transition period to a non-proprietary Bluetooth requirement. The HAC Task Force, however, does not recommend a transition period for transitioning to a non-proprietary Bluetooth requirement. Rather, the HAC Task Force states that the Commission should assess whether new non-proprietary Bluetooth specifications have become more widespread. In the
100% HAC NPRM,
we sought comment on whether we should mandate that only non-proprietary Bluetooth standards could be used to meet our proposed new Bluetooth coupling requirement. We further sought comment on whether we should permit the use of proprietary Bluetooth standards on an interim basis as the industry transitions to full use of non-proprietary standards, such as Bluetooth LE Audio, Bluetooth HAP, and the related Bluetooth Auracast. In response to the
100% HAC NPRM,
MWF and Samsung argue that the Commission should allow the use of proprietary Bluetooth standards at least on an interim basis in order to allow new handset models with non-proprietary Bluetooth standards to come to market. Neither commenter, however, states how long of a transition period we should allow.

As the HAC Task Force requests, we have assessed the development of non-proprietary Bluetooth coupling standards and based on this assessment, we adopt a 48-month transition period after which only non-proprietary Bluetooth coupling technology that meets our new definition of hearing aid compatibility and our Bluetooth functionality requirements may be used to satisfy the Bluetooth coupling requirement. The HAC Task Force states that it “anticipates that handset and hearing device manufacturers will widely adopt the Bluetooth LE Audio framework and HAP specification.” In fact, the HAC Task Force cites a report that annual Bluetooth LE Audio device shipments will reach three billion by 2027. Further, the HAC Task Force states that Bluetooth LE Audio and Bluetooth HAP specifications are recognized industry standards, are non-proprietary, and will be interoperable across many devices. Further, the HAC Task Force asserts that “[o]ngoing improvements to Bluetooth LE Audio add functionality that has the potential to greatly benefit hearing device users and enhance compatibility, namely standardized profiles for Bluetooth hearing aids, a modern codec (LC3), and multi-stream support and broadcast audio.”

Bluetooth SIG states that Bluetooth LE Audio, Bluetooth HAP, and the related Bluetooth Auracast coupling technologies are currently in place and freely available. Bluetooth SIG confirms that these standards are non-proprietary, low energy coupling standards that directly support and will satisfy the Commission's 100% hearing aid compatibility requirement. Further, Bluetooth SIG asserts that these coupling standards were developed with open participation from mobile handset and hearing aid manufacturers. Bluetooth SIG states that that these coupling standards will not impact the affordability of low-cost handset models or adversely affect low-income consumers. Similarly, Accessibility Advocates assert that it is anticipated that the communications industry will adopt Bluetooth LE Audio and Bluetooth HAP profiles going forward. Accessibility Advocates state that if Bluetooth LE Audio and Bluetooth HAP are rolled out as a universal solution to Bluetooth coupling with hearing aids, it has every reason to expect wide consumer adoption and use of these coupling standards.

Based on the above comments, we find that adopting a non-proprietary Bluetooth coupling requirement after a 48-month transition period is supported by the record. Commenters indicate that Bluetooth LE Audio and Bluetooth HAP will be widely available in handset models over the next few years. Permitting the use of proprietary Bluetooth coupling technology, during this 48-month transition period simply reflects the marketplace reality that Apple and Android handsets use proprietary Bluetooth coupling technology for hearing aid coupling. According to the HAC Task Force, 56% of the handset models that they analyzed supported one of the proprietary Bluetooth coupling methods and that this support was increasing over time. Further, the HAC Task Force states that: “All models of iPhone support Apple's MFi protocol (available since 2013), and most recent Android handsets support the Google ASHA protocol (available on handsets since 2018).”

While the HAC Task Force does not recommend a transition period to a non-proprietary Bluetooth coupling requirement, it does recommend that we adopt a 48-month transition period before we require handset manufacturers to meet our 100% hearing aid compatibility requirement. Our 48-month transition period to a non-proprietary Bluetooth coupling requirement is consistent with this 48-month transition recommendation. Given that the average handset model development cycle is 24 months, we find that a 48-month transition period should provide more than enough time for handset manufacturers to produce new handset models that include non-proprietary Bluetooth coupling technology meeting our requirements. In addition, adopting a 48-month transition period will encourage handset manufacturers to incorporate non-proprietary Bluetooth standards, such as Bluetooth LE Audio, Bluetooth HAP, and Bluetooth Auracast, into their handset models. This result will benefit consumers with hearing loss by ensuring the development of more universal connectivity between handset models and hearing aids, including over-the-counter hearing aids, and reduce the issue of certain handset models only being able to pair with certain hearing aids. Our 48-month transition period will reduce fragmentation in the marketplace and will benefit consumers by giving them a wider selection of handset models that will pair with their hearing aids.

At the end of the 48-month transition period, handset manufacturers will continue to have the freedom to choose which non-proprietary Bluetooth coupling technology they incorporate into their handset models, as long as the technology meets our new definition of

hearing aid compatibility and the related Bluetooth functionality requirements. These functionality requirements mean that after the 48-month transition period ends, the Bluetooth coupling requirement may only be met using Bluetooth coupling technology that: (1) utilizes a global, low power wireless technology standard for high quality audio voice streaming; (2) is a standalone non-proprietary implementation; (3) is a qualified implementation that has undergone testing to verify that the product conforms to the specifications it claims to support; (4) offers full interoperability between hearing aids and handset models to enable inter-network, inter-provider, inter-platform and inter-handset manufacturer functionality; and (5) uses a design that meets broad, generic hearing aid requirements that addresses needed features when coupling to handset models for all forms of voice calls and associated handset model use.

After the transition period, handset manufacturers and service providers will be able to continue to include proprietary Bluetooth coupling technology in their handset models, as long as 15% of their handset models in their handset model portfolios include non-proprietary Bluetooth coupling technology that meets our requirements. We will also allow handset models to include both proprietary and non-proprietary Bluetooth coupling technology if technically feasible, but only non-proprietary Bluetooth coupling technology that meets our requirements can be used to satisfy the 15% Bluetooth coupling requirement. After the 48-month transition period ends, handset manufacturers and service providers must ensure that 15% of the handset models in their handset model portfolios include non-proprietary Bluetooth coupling technology that complies with our requirements. We will not allow handset manufacturers and service providers to use handset models with only proprietary Bluetooth coupling technology to meet our 15% non-proprietary Bluetooth coupling requirement. If we were to allow it, we would undercut our non-proprietary requirement and our goal of increasing universal connectivity between handset models and hearing aids.

We are aware that proprietary Bluetooth coupling standards are extensions of non-proprietary Bluetooth standards, such as Bluetooth Classic. We will not allow a proprietary Bluetooth coupling standard, however, to satisfy our non-proprietary Bluetooth coupling requirement on the basis that the proprietary Bluetooth coupling standard is simply an extension of a non-proprietary Bluetooth coupling standard. Proprietary Bluetooth coupling standards, such as the MFi and ASHA standards, cannot be used to satisfy our 15% non-proprietary Bluetooth coupling requirement. After the 48-month transition period, the 15% non-proprietary Bluetooth coupling requirement may only be satisfied by an exclusively non-proprietary Bluetooth coupling standard that meets our new definition of hearing aid compatibility and our Bluetooth functionality requirements.

G. Hearing Aid Compatibility Settings for Handset Models

After the expiration of the handset manufacturers' 100% hearing aid compatibility transition period, we require that all new handset models must come out-of-the-box with their hearing aid compatibility related acoustic coupling and volume control functions turned on by default. We will allow, however, secondary settings to turn on the handset model's telecoil or Bluetooth coupling functions, depending on the secondary capability included in a particular handset model. If one of these secondary settings is turned on by the consumer, we will allow the hearing aid compatibility related acoustic coupling function to be turned off. We will also allow volume control compliance to be altered to the extent technically necessary to meet full telecoil connectivity requirements as long as consumers and the Commission are fully informed of this alteration. We will not allow volume control functionality to be altered to meet Bluetooth or acoustic coupling requirements. We require handset manufacturers to ensure that their handset models have settings for acoustic, telecoil, or Bluetooth coupling (depending on the coupling functionality included) and volume control functionality that are clearly labeled and allow consumers to easily find these settings and to turn these functions on or off as they desire.

In the
100% HAC NPRM,
we observed that our hearing aid compatibility rules do not address whether a handset model by default must come out-of-the-box with its hearing aid compatibility functions fully turned on, or whether it is permissible for handset manufacturers to require users to turn these functions on by going into the handset model's settings. We also observed that our rules do not address whether a handset model can have two different settings—one setting that turns on acoustic coupling and volume control, but not telecoil coupling, and a second separate setting that turns on the handset model's telecoil coupling capabilities. Further, we observed that our rules do not address whether a handset model in telecoil mode has to continue to fully meet acoustic and volume control requirements. Finally, we observed that while the HAC Task Force did not address this settings issue, the HAC Task Force recommends that the Commission adopt an additional form of connectivity in the form of a Bluetooth coupling requirement. This recommendation means that handset models would have to meet acoustic coupling and volume control requirements and—depending on the handset model—would also have to meet either a telecoil or Bluetooth coupling requirement. As a result of these potential alternative coupling requirements, we sought comment on the related handset model settings issue.

Accessibility Advocates state that they “support a requirement for handset models to come out-of-the-box with their acoustic and telecoil functions fully turned on as default features so long as this is technically feasible.” Accessibility Advocates also assert that “[a]dditionally, phones should be in compliance with the acoustic RF and volume control requirements right out-of-the-box.” MWF argues that flexibility and options are in the best interests of consumers and states that there should be separate settings for acoustic, telecoil, and Bluetooth coupling. MWF further argues that it does not support Accessibility Advocates' position that handset models should come out-of-the-box with their acoustic and telecoil functions turned on by default. MWF expresses concern that having these functions turned on out-of-the-box could lead to acoustic shock and to higher battery usage than the user might anticipate. MWF believes that a better course of action is for users to opt-in to the features offering higher volume and telecoil operation.

After considering the record on this issue, we decide that, after the handset manufacturer 100% hearing aid compatibility transition period ends, all handset models must come out-of-the-box with acoustic coupling and volume control certification requirements fully turned on by default. This decision is consistent with our proposal in the
100% HAC NPRM.
We find that having handset models come out-of-the-box with acoustic coupling and volume control functionality turned on by default benefits consumers with hearing loss who use hearing aids and those consumers with hearing loss who do not use hearing aids. This requirement will

improve the listening experience of consumers who have hearing loss, and it does not impact the listening experience of consumers who do not use hearing aids or do not have hearing loss.

Further, requiring volume control functionality to be fully turned on by default allows all consumers, regardless of whether they have hearing loss, to adjust the speech level of their handsets during voice calls to their preferred, comfortable listening level. Volume control functionality provides a range over which the level of speech can be increased and decreased to a level that meets the needs of consumers no matter whether they use hearing aids or have hearing loss. Further, requiring volume control functionality to be turned on by default benefits consumers who do not use hearing aids and, therefore, might not know to look under a setting marked as hearing aid compatibility to turn on the handset model's volume control functionality. While we require handset models to come out-of-the-box with volume control functionality turned on by default, we will allow handset models to have a setting whereby consumers can turn this functionality off. This requirement allays concerns with respect to acoustic shock and battery usage. Consumers will have the ability not only to adjust the volume of their handset models to meet their listening needs, but also to turn this function off if they so desire.

In addition to these default out-of-the-box requirements, handset models may have a separate setting that turns on a handset model's hearing aid compatibility related telecoil coupling functionality if the handset model includes telecoil coupling capability. Acoustic and telecoil coupling represent two separate ways for handset models to pair with hearing aids. Hearing aids operating in acoustic coupling mode receive sounds through a microphone and then amplify all sounds surrounding the consumer, including both desired and unwanted ambient noise. Hearing aids operating in telecoil coupling mode turn off their microphone to avoid amplifying unwanted ambient noise, and instead use a telecoil to receive only audio signal-based magnetic fields generated by telecoil coupling capable handset models. When a handset model is paired with hearing aids using telecoils it is not necessary for the handset's acoustic coupling function to be left on because the hearing aids microphone has been turned off.

We will also allow a separate setting for Bluetooth coupling that is a distinct setting from the default out-of-the-box acoustic and the alternative telecoil settings. This approach is consistent with allowing consumers to have a choice as to how they pair their handsets with their hearing aids. Most consumers are already familiar with how to connect their handsets to their hearing aids using Bluetooth coupling and, therefore, there is less concern about consumers being able to locate this feature as compared to the other two methods of pairing handsets with hearing aids. Since Bluetooth coupling represents an alternative way to pair handsets to hearing aids, we will allow handset models in Bluetooth coupling mode to turn off acoustic and telecoil coupling functionality. Handset models only need to pair with hearing aids through one coupling method at a time.

As discussed above, we require new handset models to come out-of-the-box with volume control functionality turned on by default. This requirement means that, if a new handset model is paired to hearing aids using acoustic, telecoil, or Bluetooth coupling technology the handset model's volume control functionality must be turned on, unless the consumer has turned it off. While the handset model must have a setting that allows the consumer to turn this functionality off, the handset model must meet volume control certification requirements in each of these pairing modes. We are aware, however, that when a handset model is paired to hearing aids using telecoil coupling, not all volume control certification requirements may be met. In that situation, we will allow a slight deviation from volume control certification requirements only to the extent absolutely necessary to meet full telecoil coupling requirements. Any handset model that does not meet full volume control requirements in telecoil coupling mode must fully disclose this information to consumers and explain how this affects the handset model's operations in telecoil mode. A consumer must be able to understand that the handset model in telecoil coupling mode does not meet full volume control certification requirements and understand how this deviation affects the handset model's operation in telecoil mode. Further, we require that handset manufacturers disclose this information in their handset model equipment certification authorization application along with supporting documentation explaining why the handset model cannot meet full volume control functionality in telecoil coupling mode and how much of a deviation there is from fully meeting the volume control requirement.

We are not aware of a similar issue with respect to volume control functionality when a handset model is paired with hearing aids using Bluetooth coupling technology. We did not receive any comments on this issue even though the
100% HAC NPRM
sought comment on the issue. Therefore, we require handset models to meet the full volume control standard that the handset model was certified as meeting when paired with hearing aids using Bluetooth coupling technology. Given that Bluetooth coupling is similar to acoustic coupling in that neither method requires any additional equipment, as compared to telecoil coupling, we do not anticipate any issues with handset models meeting the full volume control requirement that the handset model was certified as meeting when pairing with hearing aids using the Bluetooth coupling mode.

After the handset manufacturers' 100% hearing aid compatibility transition date ends, we require handset manufacturers to ensure that all new handset models that they add to their handset model portfolios have settings for each coupling method included in the handset model, as well as a setting for volume control functionality, if the handset model is certified under the 2019 ANSI Standard. Each of these settings must be clearly labeled and usable. Consumers must be able to easily find these settings without the settings being obscured or hidden by sub-menus. The settings must allow consumers to be able to turn each of these functions on or off as they wish in order to meet their individual listening needs. At this time, we will not establish standard hearing aid compatibility settings or nomenclature for each setting. We will continue to allow handset manufacturers flexibility in this manner as long as the settings are easy to find and allow consumers the freedom to adjust the settings as they wish. We also note that below we establish updated labeling and disclosure requirements, as well as website posting requirements, for handset manufacturers and service providers. These requirements ensure that consumers have the information they need to understand the hearing aid compatibility functions of their handset models and how to find and use these compatibility features.

H. Consumer Notification Provisions

1. Labeling and Disclosure Requirements

We revise our external printed package label requirements and our related requirements concerning

information that must be included within the handset model's packaging in the form of either a printed insert or a printed handset manual. We update these requirements to reflect our new handset model certification standards related to our 100% hearing aid compatibility requirement. Section 20.19(f) of the Commission's rules provides that certain handset model information must be included on a handset model's external printed package label and additional handset model information must be include within a handset model's packaging. In the
100% HAC NPRM,
we tentatively concluded that we would revise these requirements to require a handset model's external printed package label to state whether the handset model includes telecoil or Bluetooth coupling technology or both types of coupling technology and, if the handset model includes Bluetooth coupling technology, which Bluetooth coupling technology the handset model includes. We also tentatively concluded that we should revise the consumer information that must be included within a handset model's packaging to require the printed insert or the printed handset manual to include this same information. Further, we tentatively concluded that, if we decided to allow handset models to have default and secondary compatibility settings, we would modify our internal packaging requirements to require the printed insert or printed handset manual to include an explanation of each of these settings, what each setting does and does not include, and how to turn these settings on and off.

Accessibility Advocates and MWF support modifying our labeling and disclosure requirements to include information about a handset model's telecoil and Bluetooth coupling technology. Accessibility Advocates argue, however, that we should modify our proposal to require the handset model's external package label and the related internal packaging material to indicate whether or
not
the handset model includes telecoil coupling capability that meets certification requirements. Similarly, Accessibility Advocates argue that we should modify our proposal to require the handset model's external package label and the related internal packaging material to indicate whether or
not
the model includes Bluetooth coupling technology as a replacement for meeting telecoil certification requirements or whether the handset model meets both telecoil and Bluetooth coupling requirements. Accessibility Advocates support our proposal that if we allow handset models to have a secondary hearing aid compatibility setting, the printed package insert or printed handset manual must provide an explanation of each of these settings, what each setting does and does not include, and how to turn these settings on and off. CTIA, however, states that we should reject calls to expand our labeling requirements. CTIA argues that requiring additional, granular information creates additional burdens without consumer benefits, especially as the industry transitions to a 100% hearing aid compatibility requirement.

Based on our tentative conclusion and the record, we revise our external printed package label requirements to incorporate our tentative conclusion with modifications to address Accessibility Advocates' comments. We require a handset model's external printed package label to provide: (1) that the handset model is certified as hearing aid compatible; (2) whether or not the handset model meets telecoil or Bluetooth coupling requirements or both requirements and, in the case of Bluetooth coupling requirements, which Bluetooth coupling standard the handset model includes; and (3) the handset model's actual conversational gain with and without hearing aids, if certified under the 2019 ANSI standard, with the actual conversational gain that is displayed being the lowest rating assigned to the handset model for any covered air interface or frequency band.

Further, based on our tentative conclusion and the record, we revise the information that must be included inside a handset model's packaging, either in the form of a printed insert or a printed handset manual (or through the use of digital labeling, as discussed below), to include the following new information:

• An explanation of what it means that the handset model is certified as hearing aid-compatible and which ANSI standard was used for certification purposes;

• An explanation of what acoustic, telecoil, and Bluetooth coupling are and which of these coupling capabilities the handset model includes and, in the case of Bluetooth coupling, which Bluetooth coupling standard the handset model includes;

• If the handset model was certified under the 2019 ANSI standard, an explanation of the handset model's volume control capabilities, an affirmative statement of the handset model's conversational gain with and without hearing aids, and an explanation of how to turn the handset model's volume control capabilities on and off;

• An explanation of how to turn each of the handset model's coupling functions on and off and an explanation that by default the handset model comes with its acoustic and volume control functions turned on;

• If the handset model has been certified as hearing aid-compatible under special testing circumstances or contains operations or frequency bands that are not certified as hearing aid-compatible, an explanation of how this affects the handset model's operations. Under these circumstances, the included printed package insert or printed handset manual must include the following disclosure statement:

This phone has been tested and certified for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interfering noise. Consult your service provider or the handset manufacturer of this phone for information on hearing aid compatibility. If you have questions about return or exchange policies, consult your service provider or phone retailer.

We find that these external and internal labeling and disclosure requirements are consistent with section 710(d) of the Communications Act, which directs the Commission to establish requirements for labeling “as are needed to provide adequate information to consumers on the compatibility between telephones and hearing aids.” Our revised external printed package label rule ensures that the most pertinent handset model information appears on the handset model's printed package label. Consumers can read the external package label and determine the coupling technology that the handset model includes and, if it includes Bluetooth coupling technology, which standard the handset model incorporates. In addition, for handset models certified as hearing aid-compatible under the 2019 ANSI Standard, consumers can easily ascertain the conversational gain that the handset model provides both with and without hearing aids. Consumers can use this information to determine whether a handset model meets their listening needs and to compare handset models when considering which handset model to purchase. We continue to allow handset manufacturers and service providers

flexibility in designing their handset model printed package labels as long as the labels include the required information in a clear and straight-forward fashion that consumers can easily find and understand.

Our revised internal printed package insert or printed handset manual requirements allow consumers who are interested in more detailed information about a handset model's hearing aid compatibility to find this additional information in the printed package insert or the printed handset manual—whichever the handset manufacturer or service provider chooses to include in the handset model's packaging. Consumers can consult the included printed insert or printed handset manual to understand what type of coupling technology the handset model includes and how to turn these coupling functions on and off, and, if applicable, how to turn the volume control function on and off. In addition, consumers will be able to determine whether the handset model has been certified under special testing circumstances, what this means in terms of the handset model's operations, and whether the handset model includes frequency bands or air interfaces that are not certified as hearing aid compatible. As with our external printed package label requirements, we continue to require that printed inserts or printed handset manuals included inside a handset model's packaging be written in a clear, straight-forward fashion using plain language that consumers can easily understand. We find all of these requirements to be consumer friendly and, therefore, in the public interest, and consistent with section 710(d) of the Communications Act.

We disagree with CTIA concerning our revised external and internal package labeling content requirements. We find that these revised content requirements are consistent with section 710(d) of the Communications Act, which requires the Commission to establish requirements for labeling

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2024-25088. Public record. Not legal advice.