Access to Telecommunications Equipment and Services by Persons With Disabilities (Hearing Aid Compatibility)

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 64 and 68

[CC Docket No. 87-124; FCC 96-285]

Access to Telecommunications Equipment and Services by Persons

With Disabilities (Hearing Aid Compatibility)

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This action requires that all wireline telephones in the

workplace, confined settings (e.g., hospitals, nursing homes) and

hotels and motels eventually be hearing aid compatible and have volume

control. As of April 1, 1997, hearing aid compatible telephones

manufactured or imported for use in the United States must have the

letters ``HAC'' permanently affixed to them, and, as of November 1,

1998, have volume control. The intent of these requirements is to

increase access to telephone service by persons with impaired hearing.

EFFECTIVE DATE: October 23, 1996. The incorporation by reference of

certain publications listed in the regulations is approved by the

Director of the Federal Register October 23, 1996.

FOR FURTHER INFORMATION CONTACT: Greg Lipscomb, Attorney, 202/418-2340,

Fax 202/418-2345, TTY 202/418-0484, [email protected], Network Services

Division, Common Carrier Bureau.

SUPPLEMENTARY INFORMATION: This summarizes the Commission's Report and

Order (R&O) in the matter of Access to Telecommunications Equipment and

Services by Persons With Disabilities, (CC Docket 87-124, adopted June

27, 1996, and released July 3, 1996. The file is available for

inspection and copying during the weekday hours of 9 a.m. to 4:30 p.m.

in the Commission's Reference Center, Room 239, 1919 M Street, N.W., or

copies may be purchased from the Commission's duplicating contractor,

ITS, Inc., 2100 M Street, NW., Suite 240, Washington, DC 20037, phone

202/857-3800.

Paperwork Reduction Act

Public reporting burden for the collections of information is

estimated as follows:

------------------------------------------------------------------------

Hours

Rule sections per Annual Total

response responses burden

------------------------------------------------------------------------

68.112(b)(3)(E)....................... 2 805,000 1,610,000

68.224(a)............................. 11.36 1,100 12,500

68.300(c)............................. 11.36 1,100 12,500

Total Annual Burden: 1,635,000

------------------------------------------------------------------------

Frequency of Response: On occasion.

The foregoing estimates include the time for reviewing

instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collections of information. Send comments regarding this burden

estimate or any other aspect of the collections of information

including suggestions for reducing the burden to the Federal

Communications Commission, Records Management Branch, Paperwork

Reduction Project (3060-0687), Washington, DC 20554, and to the Office

of Management and Budget, Paperwork Reduction Project (3060-0687).

Washington, DC 20503.

Analysis of Proceeding: In 1992, the Commission adopted rules

implementing the Hearing Aid Compatibility Act of 1988, 47 U.S.C.

Sec. 610 (HAC Act). In 1993, the Commission suspended portions of the

1992 rules because petitions filed by establishments affected by the

regulations stated that the establishments were encountering serious

difficulties in their attempts to comply. (Order, 8 FCC Rcd 4958

(1993), 58 FR 26692 (May 5, 1993)). On March 27, 1995, the Commission

announced that an advisory committee, the Hearing Aid Compatibility

Negotiated Rulemaking Committee (Committee), would consider whether the

rule suspension should be lifted and whether new rules should be

proposed. (See 59 FR 60343 (Nov. 23, 1994); 58 FR 1539 (March 27,

1995); and 60 FR 27945 (May 26, 1995)). The Committee represented the

views and interests of all interested parties, including those of the

Commission, telephone equipment manufacturers, employers, hospitals,

nursing homes, hotels and motels, and persons with disabilities. The

Committee's recommendations, adopted by unanimous consent, were filed

with the Commission in the Committee's Final Report of August, 1995. On

November 28, 1995, the Commission adopted and released a Notice of

Proposed Rulemaking (Notice of Proposed Rulemaking, 11 FCC Rcd 4338

(1995) (NPRM)) that reflected the recommendations of the Committee (See

60 FR 63667 (December 12, 1995); 61 FR 1887 (January 24, 1996)). On

June 27, 1996, the Commission adopted a R&O (FCC 96-285), which was

released on July 3, 1996.

The R&O requires that wireline telephones in (1) the non-common

areas of the workplace; (2) the patient and residential rooms of

confined settings, such as hospitals and nursing homes; and (3) the

guest rooms of hotels and motels eventually be hearing aid

[[Page 42182]]

compatible, as defined at 47 CFR Section 68.316 (electro-magnetic coil

compatibility). The R&O also requires that, as of November 1, 1998, all

replacement telephones and all newly purchased telephones be equipped

with volume control, in addition to having electro-magnetic coil

hearing aid-compatibility. The R&O also requires that, as of November

1, 1998, all telephones manufactured or imported for use in the United

States have a volume control feature. The R&O includes a technical

specification for volume control. The R&O modifies our rules governing

telephone equipment labeling, and requires that, as of April 1, 1997,

all telephones manufactured or imported for use in the United States

that are hearing aid compatible have the letters ``HAC'' permanently

affixed to them. The R&O implements additional recommendations of the

Committee regarding consumer education. Finally, the R&O adopts other

amendments to existing hearing aid compatibility rules for the purpose

of clarification.

The new rules require no testing or retrofitting of existing

workplace telephones. Instead, the rules set deadlines that are beyond

the normal life-cycle times for the telephones to be replaced in these

establishments. The rules also require volume control for newly

acquired and replacement telephones in these establishments, but

replacement or retrofitting for volume control are not required, and

existing inventories of telephones are not be affected by the volume

control requirement. The new rules will increase access by persons with

hearing disabilities to telephones provided for emergency use and are

necessary to implement the Hearing Aid Compatibility Act of 1988.

Under the rules, most workplace telephones will be required to be

hearing aid compatible by January 1, 2000. In harmony with the

provisions of the Americans With Disabilities Act of 1990,

establishments with fewer than fifteen employees will be exempt from

these requirements. After the applicable date for having hearing aid

compatible telephones, employers can presume that their telephones are

hearing aid compatible. Any person legitimately on the premises can

challenge this presumption with a good faith request for a hearing aid

compatible telephone. Upon receipt of such a request, the employer will

have fifteen working days to replace any particular telephone that

turns out not to be hearing aid compatible.

For confined settings, the new rules require that establishments

with fifty or more beds make their telephones hearing aid compatible by

November 1, 1997, while those with fewer than fifty beds would have to

comply by November 1, 1998. Telephones in all confined setting

establishments would be exempt if alternate signalling devices were

available, monitored and working, or if a resident brought in and

maintained his or her own telephone equipment.

The rules require that hotels and motels with eighty or more guest

rooms to provide hearing aid compatible telephones by November 1, 1998,

while those with fewer than eighty guest rooms have until November 1,

1999 to do so. As of April 1, 1997, generally twenty percent of guest

rooms must have telephones that are hearing aid compatible.

The rules do not address wireless telephone hearing aid compatible

issues, because those are being addressed by the Commission's Wireless

Telecommunications Bureau.

Final Regulatory Flexibility Analysis

Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C.

Section 601, et seq., the Commission's final analysis in this R&O is as

follows:

1. Final Regulatory Analysis: As required by Section 603 of the

Regulatory Flexibility Act, 5 U.S.C. Sec. 603 (RFA), an Initial

Regulatory Flexibility Analysis (IRFA) was incorporated in the NPRM.

The Commission sought written public comments on the proposals in the

NPRM, including on the IRFA. The Commission's Final Regulatory

Flexibility Analysis (FRFA) in this R&O is as follows:

a. Need for, and objectives of, this action. This R&O amends the

Commission's rules to require that eventually all wireline telephones

in workplaces, confined settings and hotels and motels be hearing aid

compatible and have volume control. The R&O also requires that as of

November 1, 1998 all wireline telephones manufactured or imported for

use in the United States must have volume control. These actions are

needed to provide greater access to the telephone network by persons

with hearing disabilities, pursuant to the requirements of the Hearing

Aid Compatibility Act of 1988 (HAC Act). The HAC Act directs the

Commission to take affirmative and specific steps to increase such

access. The objectives of these rules are to provide the needed greater

access, while at the same time balancing the needs of establishments

that must provide the hearing aid compatible and volume control

telephones.

b. Summary of significant issues raised by the public comments in

response to the initial regulatory flexibility analysis. There were no

comments submitted in direct response to the Regulatory Flexibility

Analysis in the NPRM. In general comments on the NPRM, however, a

number of commenters raised issues that might affect small entities.

Several commenters stated that the Commission's proposed rules would

duplicate the provisions of the Americans With Disabilities Act of 1990

(ADA), or exceed the Commission's authority under the HAC Act, thus

unnecessarily burdening establishments. A number of hotel and motel

owners said the costs to replace telephones would be burdensome. One

manufacturer said the volume control manufacturing requirement could

cost ``millions of dollars'' in start-up costs. An association of

manufacturers stated that the proposed one-year phase-in of the volume

control manufacturing requirement was too short. Several organizations

representing persons with hearing disabilities said that stamping the

letters ``HAC'' on a telephone would be more informative than stamping

the date of manufacture.

c. Description and estimate of number of small businesses to which

rules will apply. (1) The RFA generally defines the term ``small

business'' as having the same meaning as the term ``small business

concern'' under the Small Business Act, 15 U.S.C. Sec. 632. A small

business concern is one which (1) is independently owned and operated;

(2) is not dominant in its field of operation; and (3) satisfies any

additional criteria established by the Small Business Administration

(SBA). Id. The RFA Small Business Regulatory Enforcement Fairness Act

of 1996 (SBREFA) provisions also apply to nonprofit organizations and

to governmental organizations.

(2) The rules in this Report and Order apply to four industry

categories: (a) workplaces; (b) confined settings, such as hospitals

and nursing homes; (c) hotels and motels; and (d) importers and

manufacturers of telephones for use in the United States. There is

little overlap among these categories because the Commission's

workplace rules affect workplace noncommon areas, while the rules that

apply to confined settings and hotels and motels affect other than the

workplaces of those establishments. Telephone manufacturers would be

affected as workplaces, but separately affected by the requirement to

affix the letters ``HAC'' to telephones and by the volume control

manufacturing requirement. The determination of

[[Page 42183]]

whether or not an entity within these industry groups is small is made

by the Small Business Administration (SBA). These standards also apply

in determining whether an entity is a small business for purposes of

the RFA.

(3) Workplaces: Workplaces encompass establishments for profit and

nonprofit, plus local, state and federal governmental entities.

Establishments with fewer than fifteen employees generally would be

excluded, because they are exempt from the Commission's new rules,

except for the work station requirement. SBA guidelines to the SBREFA

state that about 99.7 percent of all firms are small and have fewer

than 500 employees and less than $25 million in sales or assets. There

are approximately 6.3 million establishments in the SBA database. We

estimate that our rules would affect fewer than 6.3 million

establishments, because our rules exclude establishments with fewer

than fifteen employees. However, we have not been able to determine

what portion of the 6.3 million establishments have fewer than fifteen

employees. The SBA data base does include nonprofit establishments, but

it does not include governmental entities. SBREFA requires us to

estimate the number of such entities with populations of less than

50,000 that would be affected by our new rules. There are 85,006

governmental entities in the nation. This number includes such entities

as states, counties, cities, utility districts and school districts.

There are no figures available on what portion of this number has

populations of fewer than 50,000. However, this number includes 38,978

counties, cities and towns, and of those, 37,566, or 96 percent, have

populations of fewer than 50,000. The Census Bureau estimates that this

ratio is approximately accurate for all governmental entities. Thus, of

the 85,006 governmental entities, we estimate that 96 percent, or

81,600, are small entities that would be affected by our rules.

(4) Confined Settings: According to the SBA's regulations, nursing

homes and hospitals must have annual gross receipts of $5 million or

less in order to qualify as a small business concern. 13 CFR

Sec. 121.201. There are approximately 11,471 nursing care firms in the

nation, of which 7,953 have annual gross receipts of $5 million or

less. There are approximately 3,856 hospital firms in the nation, of

which 294 have gross receipts of $5 million or less. Thus, the

approximate number of small confined setting entities to which the

Commission's new rules will apply is 8,247.

(5) Hotels and Motels: According to the SBA's regulations, hotels

and motels must have annual gross receipts of $5 million or less in

order to qualify as a small business concern. 13 CFR Sec. 121.201.

There are approximately 34,671 hotel and motel firms in the United

States. Of those, approximately 31,382 have gross receipts of $5

million or less.

(6) Telephone Manufacturers and Importers: According to the SBA's

regulations, telephone apparatus firms must have 1,000 or fewer

employees in order to qualify as a small business concern. 13 CFR

Sec. 121.201. There are approximately 456 telephone apparatus firms in

the nation. Figures are not available on how many of these firms have

1,000 or fewer employees, but 401 of the firms have 500 or fewer

employees. It is probable that the great bulk of the 456 firms have

1,000 or fewer employees, and would be classified as small entities. In

addition to telephone apparatus firms, there are approximately 12,654

wholesale electronic parts and equipment firms in the nation. Many of

these firms serve as importers of telephones. According to the SBA's

regulations, wholesale electronic parts and equipment firms must have

100 or fewer employees in order to qualify as a small business entity.

13 CFR Sec. 121.201. Of the 12,654 firms, 12,161 have fewer than 100

employees, and would be classified as small entities.

d. Description of projected reporting, recordkeeping and other

compliance requirements of the rules. (1) Reporting and Recordkeeping:

This R&O involves three reporting requirements. First, as of April 1,

1997, importers and manufacturers of telephones for use in the United

States must stamp their telephones with the letters ``HAC.'' The

potential respondents to this requirement are importers and

manufactures of telephones for use in the United States. Second, until

the rules for all workplace telephones go into effect, employers are

required to designate certain hearing aid compatible telephones for

emergency use. The potential respondents to this requirement are owners

of workplaces with fifteen or more employees. Third, a Commission rule

regarding packaging is amended to clarify that the type of hearing aid

compatibility referred to is electro-magnetic coil compatibility. The

potential respondents to this requirement are importers and

manufacturers of telephones for use in the United States.

(2) Other Compliance Requirements:

(a) The rules adopted in this R&O require that as of certain dates,

owners of workplaces, confined settings and hotels and motels provide

telephones that have electro-magnetic coil hearing aid compatibility

and volume control. These requirements will affect owners of

workplaces, confined settings, and hotels and motels.

(b) The rules also require importers and manufacturers of

telephones for use in the United States to provide telephones with

volume control, beginning November 1, 1998. These rules would affect

small as well as large domestic manufacturers of telephones.

e. Commission efforts to learn of, and respond to, the views of

small business. In 1992 the Commission adopted rules requiring hearing

aid compatible telephones in workplaces, confined settings and hotels

and motels. As the time to implement the rules approached, businesses,

including small businesses, stated that they were having difficulty

implementing the rules. In response, the Commission suspended the rules

in 1993. Subsequently, the Commission formed the nineteen-member

Hearing Aid Compatibility Negotiated Rulemaking Committee. Among the

Committee's membership were representatives of small business. Both the

hotel and motel representatives (American Hotel and Motel Association)

and the confined setting representatives (American Health Care

Association) have many small members. In addition, the Tele-

Communications Association (now known as The Information Technology and

Telecommunications Association, or ITTA), a broadly based end-users

group, was a member. ITTA has approximately 1,000 members, including

small entities as members.

f. Commission efforts to minimize burdens on small business. (1) In

applying the new rules, the Commission has sought to minimize any

disproportionate burden on small entities. The workplace requirements,

for example, generally exempt workplaces of fewer than fifteen

employees. The Commission provided this exemption because small

employers have smaller budgets, which can make installation of new

telephones disproportionately more burdensome for those employers. This

is the same coverage cutoff standard used in the ADA. In calculating

the number of ``employees'' for purposes of compliance, the total

employment force of an establishment, not the number of employees an

employer may have at a particular site, is the determining factor. This

distinction emphasizes that it is the overall size of the entity, not

the circumstance of the deployment of its employees, that determines

the impact of the Commission's requirements.

[[Page 42184]]

(2) The Commission also took into account the needs of small

entities in setting the compliance deadlines for workplaces. The

Committee determined that the average useful life of a workplace

telephone is seven years. Almost all telephones manufactured or

imported for use in the United States since August 16, 1989 have had to

be hearing aid compatible. Thus, at the present time, any workplace

telephone is most likely to be hearing aid compatible. As a margin of

flexibility, however, the Commission set the workplace compliance

deadline for November 1, 2005 for telephones purchased between January

1, 1985 through December 31, 1989, and November 1, 2000 for all other

telephones. Even after those dates, small entities are allowed to

exercise the rebuttable presumption, so that they do not have to test

and replace their telephones. Before those dates, workplaces may use

existing stored telephone inventories as replacements, subject to a

rebuttable presumption. Thus, the stored inventories of small entities

are not rendered obsolete.

(3) The requirements for confined settings and hotels and motels

also make distinctions in the size of establishment. Smaller

establishments are given more time to comply. Confined setting

establishments with fewer than fifty beds are given an extra year,

until November 1, 1998, to comply, and hotels and motels with fewer

than eighty rooms also are given an extra year, until November 1, 1999,

to comply.

(4) The Commission also took into account the needs of small

entities in the terms of the volume control manufacturing requirement.

The Commission had proposed, in the NPRM, a one-year deadline for this

requirement, but after receiving comment from organizations

representing large and small manufacturers, the Commission extended the

period to two-years, until November 1, 1998, before compliance with the

volume control rule is required. Similarly, the requirement that

manufacturers affix the letters ``HAC'' to new telephones does not go

into effect upon the effective date of the new rules, but six months

later, on April 1, 1997. Current small manufacturer telephone

inventories are not affected by this requirement.

(5) Under Section 610(e) of the HAC Act, the Commission must

consider the costs, as well as the benefits, of the proposed rules to

all telephone users, including persons with and without hearing

disabilities. In the NPRM, the Commission solicited comment on the

costs to establishments of providing volume control and hearing aid

compatible telephones. After reviewing the comments, the Commission

concluded that the new rules will not impose significant additional

costs on telephone users, manufacturers or establishments, and that any

costs are significantly outweighed by the benefits to be achieved.

g. Commission efforts to maximize benefits. Small entities will be

among the beneficiaries of the Commission's new rules. Under the new

rules, telephones in workplaces, confined settings and hotels and

motels will be more accessible to persons with hearing disabilities.

These changes may lead to new business for hotels and motels and

confined settings, and workplaces may be able to hire better employees,

since the pool of potential employees will be widened to include

persons with hearing disabilities. In addition, the level of public

safety will increase in all three settings, thereby benefitting both

the business setting and the public at large. Telephones also will be

easier to identify by installers, many of whom will be small entities,

as hearing aid compatible, once they are stamped ``HAC.'' Finally, the

volume control requirement probably will increase the consumer demand

for volume control telephones, benefitting large and small

manufacturers alike.

h. Significant alternatives minimizing impact on small entities

that were rejected. (1) The Commission considered not including within

the purview of ``telephones provided for emergency use'' telephones in

workplace non-common areas, telephones in confined settings and

telephones in hotels and motels. However, the Commission concluded that

given the nature of such settings, and the needs of persons in such

settings, telephones in workplace noncommon areas, confined settings

and hotels and motels should be considered telephones provided for

emergency use. The Commission noted that persons with hearing

disabilities are particularly vulnerable in confined settings and

hotels and motels because the persons may be unfamiliar with the

settings and isolated in the event of an emergency.

(2) Similarly, the Commission considered not adding a requirement

for volume control, but concluded that volume control should be

required. The HAC Act defines telephone hearing aid compatibility as

``an internal means for effective use with hearing aids,'' and the

legislative history cites amplification, or volume control, as one such

type of internal means. The Commission is obliged under the HAC Act to

encourage the use of currently available technology in fulfilling the

act's mandates. Through the conclusions of its advisory committee, the

Hearing Aid Compatibility Negotiated Rulemaking Committee, the

Commission determined that volume control is a currently available

technology that would help give many persons with hearing disabilities

increased access to the telephone network.

i. Summary of paperwork, recordkeeping, and other compliance

requirements for wireline telephones. (a) Paperwork requirements: As of

April 1, 1997, importers and manufacturers of telephones for use in the

United States must stamp their telephones with the letters ``HAC.''

Until the rules for all workplace telephones go into effect, employers

are required to designate certain hearing aid compatible telephones for

emergency use. A Commission rule regarding packaging is amended to

clarify that the type of hearing aid compatibility referred to is

electro-magnetic coil compatibility.

(b) Recordkeeping requirements: NONE.

(c) Other compliance requirements: As of the effective date of this

order, telephones, including headsets, made available to an employee

with a hearing disability for use by that employee in his or her

employment duty shall be hearing aid compatible;

As of the effective date of this order, newly purchased or

replacement telephones in workplaces, confined settings and hotels and

motels must be hearing aid compatible. In workplaces, if the

replacement telephone is from inventory existing before the effective

date of this order, any person may make a bona fide request that such

telephone be hearing aid compatible, and, after November 1, 1998, have

volume control.

As of the effective date of this order, if a hotel or motel room is

renovated or newly constructed, or the telephone in a hotel or motel

room is replaced or substantially, internally repaired, the telephone

must be hearing aid compatible.

As of the effective date of this order, and until the applicable

workplace dates of January 1, 2000 or 2005, workplaces of fifteen or

more employees must provide and designate telephones for emergency use

by employees with hearing disabilities by providing a hearing aid

compatible telephone within a reasonable and accessible distance for an

individual searching for a telephone from any point in the workplace,

or by providing hearing aid compatible wireless telephones.

[[Page 42185]]

As of April 1, 1997, the telephones in at least twenty percent of

hotel and motel guest rooms must be hearing aid compatible.

As of November 1, 1997 telephones (except telephones purchased and

maintained by a resident for use in that resident's room, and except

where a confined establishment has an alternate means of signalling

life-threatening or emergency situations that is available, working and

monitored) in confined settings with fifty or more beds must be hearing

aid compatible;

As of November 1, 1998, telephones (except telephones purchased and

maintained by a resident for use in that resident's room, and except

where a confined establishment has an alternate means of signalling

life-threatening or emergency situations that is available, working and

monitored) in confined settings with fewer than fifty beds must be

hearing aid compatible;

As of November 1, 1998, the telephones in hotels and motels with

eighty or more guest rooms must be hearing aid compatible;

As of November 1, 1998 telephones for use in the United States

provided by importers and manufacturers must have volume control, and

newly purchased and replacement telephones in workplaces, confined

settings and hotels and motels must have volume control. In addition,

in hotels and motels, where a hotel or motel room is renovated or newly

constructed, or the telephone is replaced or substantially, internally

repaired, the telephone in that room must have volume control.

As of November 1, 1999, the telephones in hotels and motels with

fewer than eighty guest rooms must be hearing aid compatible.

As of November 1, 1999, where a hotel or motel uses telephones

purchased during the period January 1, 1985 through December 31, 1989,

the telephones in at least twenty-five percent of hotel and motel guest

rooms must be hearing aid compatible.

As of January 1, 2000, non-common area telephones (except headsets,

and except for telephones purchased between January 1, 1985 and

December 31, 1989, and except for telephones made available to an

employee with a hearing disability under Section 68.112(b)(3)(A)) in

workplace establishments of fifteen or more employees must be hearing

aid compatible. There shall be a rebuttable presumption that, as of

January 1, 2000, all such telephones located in the workplace are

hearing aid compatible.

As of January 1, 2001, where a hotel or motel uses telephones

purchased during the period January 1, 1985 through December 31, 1989,

the telephones in one hundred percent of hotel and motel guest rooms

must be hearing aid compatible, if the hotel or motel has eighty or

more guest rooms.

As of January 1, 2004, where a hotel or motel uses telephones

purchased during the period January 1, 1985 through December 31, 1989,

the telephones in one hundred percent of hotel and motel guest rooms

must be hearing aid compatible, if the hotel or motel has fewer than

eighty guest rooms.

As of January 1, 2005, non-common area telephones (except headsets,

and except for telephones made available to an employee with a hearing

disability under Section 68.112(b)(3)(A)) purchased between January 1,

1985 and January 1, 1989 in workplace establishments of fifteen or more

employees must be hearing aid compatible. There shall be a rebuttable

presumption that, as of January 1, 2005, all such telephones located in

the workplace are hearing aid compatible.

j. Report to Congress. The Secretary shall send a copy of this

Final Regulatory Flexibility Analysis along with this R&O in a report

to Congress pursuant to Section 251 of the Small Business Regulatory

Enforcement Fairness Act of 1996, codified at 5 U.S.C. Section

801(a)(1)(A). A copy of this RFA will also be published in the Federal

Register.

Ordering Clauses

1. Accordingly, it is ordered that, pursuant to Sections 1, 4, 201-

205, 218, 220 and 610 of the Communications Act of 1934, as amended, 47

U.S.C. Secs. 151, 154, 201-205, 218, 220, and 610, and 5 U.S.C.

Secs. 552 and 553, this Report and Order is adopted, and Parts 64 and

68 of the Commission's Rules are amended as set forth below.

2. It is further ordered that the rule amendments set forth below

shall be effective October 23, 1996.

3. It is further ordered that the Emergency Request to Reinstate

Enforcement of the Hearing Aid Compatibility Rules, dated May 12, 1993,

by Alexander Graham Bell Association for the Deaf, et al, is dismissed.

4. It is further ordered that, pursuant to Section 5(c)(1) of the

Communications Act of 1934, as amended, 47 U.S.C. Sec. 155(c)(1),

authority is delegated to the Chief, Common Carrier Bureau, to make

minor changes, pursuant to the Administrative Procedure Act procedures,

in the technical standards specified in Sections 68.316 and 68.317 of

the rules, in order to incorporate minor changes made in the relevant

industry standards.

List of Subjects

47 CFR Part 64

Communications common carriers, Federal Communications Commission,

Hearing aid compatibility, Individuals with disabilities, Telephone.

47 CFR Part 68

Administrative practice and procedure, Communications common

carriers, Communications equipment, Federal Communications Commission,

Hearing aid compatibility, Incorporation by reference, Reporting and

recordkeeping requirements, Telephone, Volume control.

Federal Communications Commission

Shirley Suggs,

Chief, Publications Branch.

Rule Changes

Parts 64 and 68 of Title 47 of the Code of Federal Regulations are

amended as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

1. The authority citation for Part 64 continues to read as follows:

Authority: Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154,

unless otherwise noted. Interpret or apply secs. 201, 218, 226, 228,

48 Stat. 1070, as amended, 1077; 47 U.S.C. Secs. 201, 218, 226, 228,

610 unless otherwise noted.

2. Section 64.607 is revised to read as follows:

Sec. 64.607 Provision of hearing aid compatible telephones by exchange

carriers.

In the absence of alternative suppliers in an exchange area, an

exchange carrier must provide a hearing aid compatible telephone, as

defined in Sec. 68.316 of this chapter, and provide related

installation and maintenance services for such telephones on a

detariffed basis to any customer with a hearing disability who requests

such equipment or services.

PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK

1. The authority citation for Part 68 continues to read as follows:

Authority: Secs. 1, 4, 5, 201-5, 208, 215, 218, 226, 227, 303,

313, 314, 403, 404, 410, 602 of the Communications Act of 1934, as

amended, 47 U.S.C. Secs. 151, 154, 155, 201-5, 208, 215, 218, 226,

227, 303, 313, 314, 403, 404, 410, 602, 610.

2. Section 68.3 is amended by adding the following definition in

alphabetical order to read as follows:

[[Page 42186]]

Sec. 68.3 Definitions.

* * * * *

Hearing aid compatible: Except as used at Secs. 68.4(a)(3) and

68.414, the terms hearing aid compatible or hearing aid compatibility

are used as defined in Sec. 68.316, unless it is specifically stated

that hearing aid compatibility volume control, as defined in

Sec. 68.317, is intended or is included in the definition.

* * * * *

3. Section 68.4 is amended by revising paragraphs (a)(1) and (a)(2)

to read as follows:

Sec. 68.4 Hearing aid compatible telephones.

(a)(1) Except for telephones used with public mobile services,

telephones used with private radio services, and cordless and secure

telephones, every telephone manufactured in the United States (other

than for export) or imported for use in the United States after August

16, 1989, must be hearing aid compatible, as defined in Sec. 68.316.

Every cordless telephone manufactured in the United States (other than

for export) or imported into the United States after August 16, 1991,

must be hearing aid compatible, as defined in Sec. 68.316.

(2) Unless otherwise stated and except for telephones used with

public mobile services, telephones used with private radio services and

secure telephones, every telephone listed in Sec. 68.112 must be

hearing aid compatible, as defined in Sec. 68.316.

* * * * *

4. A new Section 68.6 is added to read as follows:

Sec. 68.6 Telephones with volume control.

As of November 1, 1998, all telephones, including cordless

telephones, as defined in Sec. 15.3(j) of this chapter, manufactured in

the United States (other than for export) or imported for use in the

United States, must have volume control in accordance with Sec. 68.317.

Secure telephones, as defined by Sec. 68.3, are exempt from this

section, as are telephones used with public mobile services or private

radio services.

5. Section 68.112 is amended by revising paragraphs (b)(1), (b)(3),

(b)(4), (b)(5) and (c), and adding paragraph (b)(6), as follows:

Sec. 68.112 Hearing aid compatibility.

* * * * *

(b) * * *

(1) Telephones, except headsets, in places where a person with a

hearing disability might be isolated in an emergency, including, but

not limited to, elevators, highways, and tunnels for automobile,

railway or subway, and workplace common areas.

Note to paragraph (b)(1): Examples of workplace common areas

include libraries, reception areas and similar locations where

employees are reasonably expected to congregate.

* * * * *

(3) Telephones, except headsets, in workplace non-common areas.

Note: Examples of workplace non-common areas include private enclosed

offices, open area individual work stations and mail rooms. Such non-

common area telephones are required to be hearing aid compatible, as

defined in Sec. 68.316, by January 1, 2000, except for those telephones

located in establishments with fewer than fifteen employees; and those

telephones purchased between January 1, 1985 through December 31, 1989,

which are not required to be hearing aid compatible, as defined in

Sec. 68.316, until January 1, 2005.

(i) Telephones, including headsets, made available to an employee

with a hearing disability for use by that employee in his or her

employment duty, shall, however, be hearing aid compatible, as defined

in Sec. 68.316.

(ii) As of January 1, 2000 or January 1, 2005, whichever date is

applicable, there shall be a rebuttable presumption that all telephones

located in the workplace are hearing aid compatible, as defined in

Sec. 68.316. Any person who identifies a telephone as non-hearing aid-

compatible, as defined in Sec. 68.316, may rebut this presumption. Such

telephone must be replaced within fifteen working days with a hearing

aid compatible telephone, as defined in Sec. 68.316, including, as of

November 1, 1998, with volume control, as defined in Sec. 68.317.

(iii) Telephones, not including headsets, except those headsets

furnished under paragraph (b)(3)(i) of this section, that are

purchased, or replaced with newly acquired telephones, must be:

(A) Hearing aid compatible, as defined in Sec. 68.316, after

October 23, 1996; and

(B) Including, as of November 1, 1998, with volume control, as

defined in Sec. 68.317.

(iv) When a telephone under paragraph (b)(3)(iii) of this section

is replaced with a telephone from inventory existing before October 23,

1996, any person may make a bona fide request that such telephone be

hearing aid compatible, as defined in Sec. 68.316. If the replacement

occurs as of November 1, 1998, the telephone must have volume control,

as defined in Sec. 68.317. The telephone shall be provided within

fifteen working days.

(v) During the period from October 23, 1996, until the applicable

date of January 1, 2000 or January 1, 2005, workplaces of fifteen or

more employees also must provide and designate telephones for emergency

use by employees with hearing disabilities through one or more of the

following means:

(A) By having at least one coin-operated telephone, one common area

telephone or one other designated hearing aid compatible telephone

within a reasonable and accessible distance for an individual searching

for a telephone from any point in the workplace; or

(B) By providing wireless telephones that meet the definition for

hearing aid compatible for wireline telephones, as defined in

Sec. 68.316, for use by employees in their employment duty outside

common areas and outside the offices of employees with hearing

disabilities.

(4) All credit card operated telephones, whether located on public

property or in a semipublic location (e.g. drugstore, gas station,

private club), unless a hearing aid compatible (as defined in

Sec. 68.316) coin-operated telephone providing similar services is

nearby and readily available. However, regardless of coin-operated

telephone availability, all credit card operated telephones must be

made hearing aid-compatible, as defined in Sec. 68.316, when replaced,

or by May 1, 1991, which ever comes sooner.

(5) Telephones needed to signal life threatening or emergency

situations in confined settings, including but not limited to, rooms in

hospitals, residential health care facilities for senior citizens, and

convalescent homes:

(i) A telephone that is hearing aid compatible, as defined in

Sec. 68.316, is not required until:

(A) November 1, 1997, for establishments with fifty or more beds,

unless replaced before that time; and

(B) November 1, 1998, for all other establishments with fewer than

fifty beds, unless replaced before that time.

(ii) Telephones that are purchased, or replaced with newly acquired

telephones, must be:

(A) Hearing aid compatible, as defined in Sec. 68.116, after

October 23, 1996;

(B) Including, as of November 1, 1998, with volume control, as

defined in Sec. 68.317.

(iii) Unless a telephone in a confined setting is replaced pursuant

to paragraph (b)(5)(ii) of this section, a hearing aid compatible

telephone shall not be required if:

[[Page 42187]]

(A) A telephone is both purchased and maintained by a resident for

use in that resident's room in the establishment; or

(B) The confined setting has an alternative means of signalling

life-threatening or emergency situations that is available, working and

monitored.

(6) Telephones in hotel and motel guest rooms, and in any other

establishment open to the general public for the purpose of overnight

accommodation for a fee. Such telephones are required to be hearing aid

compatible, as defined in Sec. 68.316, except that, for establishments

with eighty or more guest rooms, the telephones are not required to be

hearing aid compatible, as defined in Sec. 68.316, until November 1,

1998; and for establishments with fewer than eighty guest rooms, the

telephones are not required to be hearing aid compatible, as defined in

Sec. 68.316, until November 1, 1999.

(i) Anytime after October 23, 1996, if a hotel or motel room is

renovated or newly constructed, or the telephone in a hotel or motel

room is replaced or substantially, internally repaired, the telephone

in that room must be:

(A) Hearing aid compatible, as defined in Sec. 68.316, after

October 23, 1996;

(B) Including, as of November 1, 1998, with volume control, as

defined in Sec. 68.317.

(ii) The telephones in at least twenty percent of the guest rooms

in a hotel or motel must be hearing aid compatible, as defined in

Sec. 68.316, as of April 1, 1997.

(iii) Notwithstanding the requirements of paragraph (b)(6) of this

section, hotels and motels which use telephones purchased during the

period January 1, 1985 through December 31, 1989 may provide telephones

that are hearing aid compatible, as defined in Sec. 68.316, in guest

rooms according to the following schedule:

(A) The telephones in at least twenty percent of the guest rooms in

a hotel or motel must be hearing aid compatible, as defined in

Sec. 68.316, as of April 1, 1997;

(B) The telephones in at least twenty-five percent of the guest

rooms in a hotel or motel must be hearing aid compatible, as defined in

Sec. 68.316, by November 1, 1999; and

(C) The telephones in one-hundred percent of the guest rooms in a

hotel or motel must be hearing aid compatible, as defined in

Sec. 68.316, by January 1, 2001 for establishments with eighty or more

guest rooms, and by January 1, 2004 for establishments with fewer than

eighty guest rooms.

(c) Telephones frequently needed by the hearing impaired. Closed

circuit telephones, i.e., telephones which cannot directly access the

public switched network, such as telephones located in lobbies of

hotels or apartment buildings; telephones in stores which are used by

patrons to order merchandise; telephones in public transportation

terminals which are used to call taxis or to reserve rental

automobiles, need not be hearing aid compatible, as defined in

Sec. 68.316, until replaced.

6. Section 68.224 is amended by revising paragraph (a) to read as

follows:

Sec. 68.224 Notice of non-hearing aid compatibility.

* * * * *

(a) Contain in a conspicuous location on the surface of its

packaging a statement that the telephone is not hearing aid compatible,

as is defined in Secs. 68.4(a)(3) and 68.316, or if offered for sale

without a surrounding package, shall be affixed with a written

statement that the telephone is not hearing aid-compatible, as defined

in Secs. 68.4(a)(3) and 68.316; and

* * * * *

7. Section 68.300 is amended by adding a new paragraph (c) to read

as follows:

Sec. 68.300 Labelling requirements.

* * * * *

(c) As of April 1, 1997, all registered telephones, including

cordless telephones, as defined in Sec. 15.3(j) of this chapter,

manufactured in the United States (other than for export) or imported

for use in the United States, that are hearing aid compatible, as

defined in Sec. 68.316, shall have the letters ``HAC'' permanently

affixed thereto. ``Permanently affixed'' shall be defined as in

Sec. 68.300(b)(5). Telephones used with public mobile services or

private radio services, and secure telephones, as defined by Sec. 68.3,

are exempt from this requirement.

8. Section 68.316 is amended by revising the section heading and

the introductory paragraph to read as follows:

Sec. 68.316 Hearing aid compatibility magnetic field intensity

requirements: technical standards.

A telephone handset is hearing aid compatible for the purposes of

this section if it complies with the following standard, published by

the Telecommunications Industry Association, copyright 1983, and

reproduced by permission of the Telecommunications Industry

Association:

* * * * *

9. A new Section 68.317 is added to read as follows:

Sec. 68.317 Hearing aid compatibility volume control: technical

standards.

(a) An analog telephone complies with the Commission's volume

control requirements if the telephone is equipped with a receive volume

control that provides, through the receiver in the handset or headset

of the telephone, 12 dB of gain minimum and up to 18 dB of gain

maximum, when measured in terms of Receive Objective Loudness Rating

(ROLR), as defined in paragraph 4.1.2 of ANSI/EIA-470-A-1987 (Telephone

Instruments With Loop Signaling) . The 12 dB of gain minimum must be

achieved without significant clipping of the test signal. The telephone

also shall comply with the upper and lower limits for ROLR given in

Table 4.4 of ANSI/EIA-470-A-1987 when the receive volume control is set

to its normal unamplified level.

Note to paragraph (a): Paragraph 4.1.2 of ANSI/EIA-470-A-1987

identifies several characteristics related to the receive response

of a telephone. It is only the normal unamplified ROLR level and the

change in ROLR as a function of the volume control setting that are

relevant to the specification of volume control as required by this

section.

(b) The ROLR of an analog telephone shall be determined over the

frequency range from 300 to 3300 HZ for short, average, and long loop

conditions represented by 0, 2.7, and 4.6 km of 26 AWG nonloaded cable,

respectively. The specified length of cable will be simulated by a

complex impedance. (See Figure A.) The input level to the cable

simulator shall be -10 dB with respect to 1 V open circuit from a 900

ohm source.

(c) A digital telephone complies with the Commission's volume

control requirements if the telephone is equipped with a receive volume

control that provides, through the receiver of the handset or headset

of the telephone, 12 dB of gain minimum and up to 18 dB of gain

maximum, when measured in terms of Receive Objective Loudness Rating

(ROLR), as defined in paragraph 4.3.2 of ANSI/EIA/TIA-579-1991

(Acoustic-To-Digital and Digital-To-Acoustic Transmission Requirements

for ISDN Terminals). The 12 dB of gain minimum must be achieved without

significant clipping of the test signal. The telephone also shall

comply with the limits on the range for ROLR given in paragraph 4.3.2.2

of ANSI/EIA/TIA-579-1991 when the receive volume

[[Page 42188]]

control is set to its normal unamplified level.

(d) The ROLR of a digital telephone shall be determined over the

frequency range from 300 to 3300 Hz using the method described in

paragraph 4.3.2.1 of ANSI/EIA/TIA-579-1991. No variation in loop

conditions is required for this measurement since the receive level of

a digital telephone is independent of loop length.

(e) The ROLR for either an analog or digital telephone shall first

be determined with the receive volume control at its normal unamplified

level. The minimum volume control setting shall be used for this

measurement unless the manufacturer identifies a different setting for

the nominal volume level. The ROLR shall then be determined with the

receive volume control at its maximum volume setting. Since ROLR is a

loudness rating value expressed in dB of loss, more positive values of

ROLR represent lower receive levels. Therefore, the ROLR value

determined for the maximum volume control setting should be subtracted

from that determined for the nominal volume control setting to

determine compliance with the gain requirement.

(f) The 18 dB of receive gain may be exceeded provided that the

amplified receive capability automatically resets to nominal gain when

the telephone is caused to pass through a proper on-hook transition in

order to minimize the likelihood of damage to individuals with normal

hearing.

(g) These incorporations by reference of paragraph 4.1.2 (including

Table 4.4) of American National Standards Institute (ANSI) Standard

ANSI/EIA-470-A-1987 and paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 were

approved by the Director of the Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR Part 51. Copies of these publications may be

purchased from the American National Standards Institute (ANSI), Sales

Department, 11 West 42nd Street, 13th Floor, New York, NY 10036, (212)

642-4900. Copies also may be inspected during normal business hours at

the following locations: Federal Communications Commission, 2000 M

Street, N.W., Public Reference Room, Room 220, Washington, D.C. 20554;

and Office of the Federal Register, 800 N. Capitol Street, N.W., suite

700, Washington, D.C.

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[[Page 42189]]

[GRAPHIC] [TIFF OMITTED] TR14AU96.000

[FR Doc. 96-20705 Filed 8-13-96; 8:45 am]

BILLING CODE 6712-01-C