[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Rules and Regulations]
[Pages 43481-43484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20899]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 68
[CC Docket No. 87-124; FCC 97-242]
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 amends Commission rules regarding HAC, which would
have required all telephones manufactured or imported for use in the
United States after November 1, 1998 to contain a volume control
feature. Under the amended rules, this compliance date is extended to
January 1, 2000. Furthermore, the Commission has made conforming
amendments to its hearing aid compatibility rules so that workplaces,
hotels and motels, and confined settings (e.g, hospitals and nursing
homes) will not be required to ensure that new or replacement
telephones contain a volume control feature until January 1, 2000,
parallel with the manufacturing requirements. This action was taken in
response to a petition for reconsideration filed by the Consumer
Electronics Manufacturers Association (CEMA).
EFFECTIVE DATE: September 15, 1997.
FOR FURTHER INFORMATION CONTACT: Andy Firth, Attorney, 202/418-1898,
Fax 202/418-2345, TTY 202/418-2224, afirth@fcc.gov, Network Services
Division, Common Carrier Bureau.
SUPPLEMENTARY INFORMATION: This summarizes the Commission's Order on
[[Page 43482]]
Reconsideration in the matter of Access to Telecommunications Equipment
and Services by Persons With Disabilities, (CC Docket 87-124, adopted
July 3, 1997, and released July 11, 1997.) 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, N.W., Suite 240, Washington D.C. 20037, phone
202/857-3800.
Paperwork Reduction Act
No impact.
Analysis of Proceeding
On June 27, 1996, the Commission adopted a Report and Order (R&O)
(FCC 96-285), 61 FR 42181 (August 14, 1996), which was released on July
3, 1996. The R&O, among other things, required that as of November 1,
1998, all telephones manufactured or imported for use in the United
States have a volume control feature. See 47 CFR 68.6. The R&O also
required that, as of November 1, 1998, all replacement telephones and
all newly purchased telephones in workplaces, confined settings, and
hotels and motels must be equipped with volume control, in addition to
having electro-magnetic coil hearing aid-compatibility. See 47 CFR
68.112 (b)(3), (b)(5), and (b)(6). The R&O included a technical
specification for volume control. See 47 CFR 68.317.
On September 13, 1996, the Consumer Electronics Manufacturers
Association (CEMA) filed a Petition for Reconsideration of the R&O,
specifically for reconsideration of the rule adopted under 47 CFR 68.6,
which would have required all telephones manufactured or imported for
use in the United States after November 1, 1998, to contain volume
control. CEMA asserted that the rule as adopted would cause undue
financial burdens upon telephone equipment manufacturers, and also
asserted that the rule exceeded the Commission's authority under the
Hearing Aid Compatibility Act of 1988, 47 U.S.C. 610 (HAC Act). In the
alternative, CEMA urged the Commission to find that 47 CFR 68.6 should
only apply to new telephone models registered under part 68 after
November 1, 1998, as opposed to all telephone products manufactured
after that date. CEMA asserted that this ``grandfathering'' of existing
telephone models would, among other things, lessen burdens upon the
manufacturing industry by avoiding the need to re-tool existing
production lines.
In its Order on Reconsideration, the Commission denied CEMA the
specific relief requested in its Petition. The Commission concluded
that CEMA's proposal would fall short of the HAC Act's requirement that
persons with hearing disabilities have reasonable access to the
telephone network, because there would be no assurance that
manufacturers will phase out the production of existing models without
volume control. By requiring volume control as a standard feature in
the manufacture of all telephones, the intent of the HAC Act is
furthered by minimizing the risk that persons with hearing disabilities
would be unable to access the telephone network in the event of an
emergency. The Commission also concluded that CEMA's argument that it
failed to consider the costs and benefits of the volume control rule to
be without merit, because in the R&O the Commission specifically
considered the costs and benefits of the rule, and concluded that the
costs of the volume control rule were not such a major obstacle as to
negate the benefits of the rule. The Commission concluded that CEMA
presented no further facts that would compel it to depart from this
finding made in the R&O.
In the interest of minimizing potential burdens on the
manufacturing industry, however, the Commission concluded that the
volume control compliance date at 47 CFR 68.6 should be extended by
fourteen (14) months, to January 1, 2000. The Commission noted that
upon this date, manufacturers would have had three and one-half (3\1/
2\) years to adjust their production cycles to comply with new volume
control manufacturing requirements, a generous compliance timetable.
Finally, the Commission adjusted existing rules at 47 CFR 68.112 that
would have required workplaces, hotels and motels, and confined
settings to provide telephones with volume control as of November 1,
1998, so that such establishments would not be required to comply until
January 1, 2000, parallel with the manufacturing requirements.
Supplemental Final Regulatory Flexibility Analysis
Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 603,
the Commission's Supplemental Final Regulatory Flexibility Analysis in
this proceeding is as follows:
1. Supplemental Final Regulatory Flexibility Analysis: As required
by the Regulatory Flexibility Act (RFA), 5 U.S.C. 603, an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice
of Proposed Rulemaking (NPRM). The Commission sought written public
comments in the NPRM, including on the IRFA. In addition, pursuant to
the RFA, 5 U.S.C. 603, a Final Regulatory Flexibility Analysis (FRFA)
was incorporated in the Report and Order. Those analyses conformed to
the RFA. This Supplemental Final Regulatory Flexibility Analysis
(SFRFA) in this Order on Reconsideration also conforms to the SBREFA.
The Commission's SFRFA in this Order on Reconsideration is as follows:
a. Need for, and Objectives of this Order on Reconsideration: The
need for and objectives of the rules adopted in this Order on
Reconsideration are the same as those discussed in the FRFA in the
Report and Order. In general, the rules adopted herein amend the
Commission's rules at 47 CFR 68.6 to require that as of January 1,
2000, all wireline telephones manufactured or imported for use in the
United States must have volume control. This represents an amendment of
the original final rule in the Report and Order requiring all
telephones manufactured or imported for use in the U.S. after November
1, 1998, to have volume control. For reasons explained in this Order
and Reconsideration, the Commission has decided to extend its original
November 1, 1998 compliance timeline for this rule by fourteen (14)
months, to January 1, 2000. The Commission has also made conforming
amendments to portions of 47 CFR 68.112, which require establishments
such as workplaces, hospitals and hotels to provide volume control
telephones in their facilities. These establishments will not be
required to ensure that newly replaced or installed telephones must
have volume control until after January 1, 2000. This likewise reflects
a 14-month extension of the original November 1, 1998 timelines for
such establishments adopted in the Report and Order.
b. Summary of Significant Issues Raised by the Public Comments In
Response to the FRFA: No comments were submitted specifically in
response to the FRFA. In its petition for reconsideration, which was
the initiating document for this Order on Reconsideration, the Consumer
Electronics Manufacturers Association (CEMA) asserted, inter alia, that
if 47 CFR 68.6 was to be applicable to all telephone models on the
compliance date, and not only to new models which are registered under
part 68 of the Commission's rules after that date, manufacturers would
incur significant expenses caused by the ``retooling'' of existing
production cycles prior to November 1, 1998. Several telephone
[[Page 43483]]
equipment manufacturers also submitted comments in support of CEMA's
petition for reconsideration, stating that the rule as adopted in the
Report and Order would impose undue burdens on their manufacturing
processes and resources.
c. Description and Estimate of Number of Small Entities to Which
Rules Will Apply:
(1) Under the RFA, small entities may include small organizations,
small businesses, and small governmental organizations. 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. 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.
(2) The description and estimate of the number of small businesses
to which the rules will apply set forth in the FRFA in the Report and
Order also applies to the rules adopted in this Order on
Reconsideration. The same four industry categories identified in the
FRFA are also subject to the rules adopted in this Order on
Reconsideration: (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. The
determination of 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. The detailed analysis and estimate of
the number of small entities within each of these above four industry
categories in the FRFA to the Report and Order is also applicable to
the rules adopted in this Order on Reconsideration.
d. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements:
(1) Reporting and Recordkeeping: No additional reporting
requirements beyond those identified in the FRFA to the Report and
Order are imposed by this Order on Reconsideration.
(2) Other Compliance Requirements:
(a) The rules adopted in this Report and Order require that on or
after January 1, 2000, owners of workplaces, confined settings, and
hotels and motels must ensure that newly installed or replacement
telephones have volume control. These requirements will affect owners
of workplaces, confined settings, and hotels and motels.
(b) The rules also require that on or after January 1, 2000, all
telephones manufactured or imported for use in the United States must
have volume control. These rules would affect small as well as large
domestic manufacturers and importers of telephones.
e. Steps Taken to Minimize Significant Economic Burdens on Small
Entities, and Significant Alternatives Considered:
(1) The Commission's efforts to learn of and respond to small
business concerns detailed in the FRFA to the Report and Order are
likewise applicable to this SFRFA. In applying the rules adopted in
this Order on Reconsideration, the Commission has sought to minimize
any disproportionate burden on small entities. The Commission's efforts
described in the FRFA to the Report and Order are also applicable to
the rules adopted in this Order on Reconsideration. In particular, the
Commission's decision in this Order on Reconsideration to extend the
date by which all telephones manufactured or imported for use in the
United States must have volume control is a direct result of the
Commission's consideration of the impact of the rule on small entities
and manufacturers. Furthermore, the Commission's decision to also
extend compliance dates for workplaces, confined settings, and hotels
is a result of consideration of the potential impact of the rule on
small business establishments.
(2) Under Section 610(e) of the Hearing Aid Compatibility 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 in the Report and Order 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. Likewise, in this Order on
Reconsideration the Commission specifically considered the costs and
benefits of the rules to all telephone users in its decision to extend
the original compliance date for volume control by fourteen (14)
months.
(3) 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. The volume control manufacturing requirement probably will
increase the consumer demand for volume control telephones, benefitting
large and small manufacturers alike, due to the fact that volume
control is a feature useful not only to people with hearing
disabilities, but to non-disabled telephone users as well. Furthermore,
to the extent that the rule amendments may allow smaller manufacturers
and suppliers more time to recoup costs sunk in any remaining equipment
inventory and allow them to expand their marketing options, they are
consistent with section 257 of the Communications Act, as amended, 47
U.S.C. 257. That section requires, among other things, that the
Commission eliminate marker entry barriers for small businesses who may
provide parts or services to providers of telecommunications services
and information services. Id. at section 257(a).
(4) The Commission rejected the proposal of the Consumer
Electronics Manufacturers Association in its petition for
reconsideration that the volume control rules apply only to new
telephone models registered under part 68 of the Commission's rules
after the compliance date. The Commission concluded that this approach
would mean that upon the compliance date, some telephone models would
be without volume control, which would not further Congressional intent
in the HAC Act that persons with hearing disabilities have reasonable
access to the telephone network. Rather, the Commission concluded that
by extending the compliance timeline by an additional fourteen (14)
months, potential burdens on small entities could be reduced, while at
the same time furthering the goals of the HAC Act to provide access to
the telephone network for people with hearing disabilities.
f. Summary of Projected Reporting, Recordkeeping, and Other
Compliance Requirements:
On or after January 1, 2000, all telephones manufactured or
imported for use in the United States must have
[[Page 43484]]
volume control; and newly purchased and replacement telephones in
workplaces, confined settings and hotels and motels must have volume
control on or after January 1, 2000. There are no other recordkeeping
or other compliance requirements.
g. Report to Congress: The Commission will include a copy of this
Supplementary Final Regulatory Flexibility Analysis, along with this
Order on Reconsideration, in a report to Congress pursuant to the Small
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. Section
801(a)(1)(A). A copy of this SFRFA (or summary thereof) is also
published herein.
Ordering Clauses
Accordingly, It Is Orderd that pursuant to Sections 1, 4, 405, and
710 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154,
405 and 610, part 68 of the Commission's rules Is Amended as set forth
below.
2. It Is Further Ordered that, pursuant to Sections 1, 4, 405, and
710 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154,
405 and 610, the Petition for Reconsideration filed by the Consumer
Electronics Manufacturers Association is granted to the extent
indicated herein, and otherwise Denied.
3. It Is Further Ordered that the rule amendments set forth below
shall be effective September 15, 1997.
List of Subjects in 47 CFR Part 68
Administrative practice and procedure, Communications common
carriers, Communications equipment, Hearing aid compatibility,
Labeling, Reporting and recordkeeping requirements, Telephone, Volume
control.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Part 68 of Title 47 of the Code of Federal Regulations is amended
as follows:
PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
1. The authority citation for Part 68 is revised to read as
follows:
Authority: 47 U.S.C. 154, 155, 303.
2. Section 68.6 is revised to read as follows:
Sec. 68.6 Telephones with volume control.
As of January 1, 2000, 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.
3. Section 68.112 is amended by revising paragraphs (b)(3)(ii),
(b)(3)(iii), (b)(3)(iv), (b)(5)(ii), and (b)(6)(i), to read as follows:
Sec. 68.112 Hearing aid-compatibility.
* * * * *
(b) * * *
(3) * * *
(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, on or
after January 1, 2000, with volume control, as defined in Sec. 68.317.
(iii) Telephones, not including headsets, except those headsets
furnished under paragraph (b)(3)(i)(A) 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) Include volume control, as defined in Sec. 68.317, on or after
January 1, 2000.
(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 on or after January 1, 2000, the telephone must have volume
control, as defined in Sec. 68.317. The telephone shall be provided
within fifteen working days.
* * * * *
(5) * * *
(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; and
(B) Include volume control, as defined in Sec. 68.317, on or after
January 1, 2000.
* * * * *
(6) * * *
(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; and
(B) Include volume control, as defined in Sec. 68.317, on or after
January 1, 2000.
* * * * *
[FR Doc. 97-20899 Filed 8-13-97; 8:45 am]
BILLING CODE 6712-01-P
