FCC Adopts Hearing Aid Compatibility R&O Implementing 2019 ANSI Standards

On February 22, 2021, the FCC released a Report and Order (“R&O”) in the Amendment of the Commission’s Rules Governing Standards for Hearing Aid-Compatible Handsets mater (WT Docket No. 20-3).  The R&O updates the FCC’s accessibility rules related to wireless hearing aid compatibility to bring them into conformity with the American National Standards Institute’s (“ANSI”) 2019 Standards.  In addition, the R&O grants a two-year transition to exclusive use of the 2019 ANSI Standard and an extension of the March 1, 2021 volume control deadline so that implementation of the requirement coincides with the transition period.  The R&O will be effective 30 days from the date of publication in the Federal Register.  

 

The R&O makes several broad changes to the hearing aid-compatibility rules.  First, the R&O codifies the 2019 ANSI Standard and the ANSI/TIA Volume Control Standard and incorporates them by reference into the rules as the exclusive technical standards, after the conclusion of a two-year transition period, for evaluating the hearing aid compatibility of wireless handsets and volume control.  Note that the 2019 ANSI Standard does not use the numerical M/T rating system of older standards. Under the new standard, a handset is assessed as either hearing aid-compatible or not without receiving a numerical rating.  The FCC anticipates that the new standard will improve the measurement of potential hearing aid interference and improve the listening experience for those with hearing aids.  In addition, the volume control requirement will provide significant benefits to persons with hearing loss, regardless of whether they use hearing aids, and the expanded frequency range will increase the number of qualified handsets available to those who suffer from hearing loss.  The new standard also relieves serval burdens on manufacturers by eliminating the rating system, reducing testing burdens, and bringing the FCC’s rules in to conformance with other international hearing aid requirements.

 

Second, the R&O adopts a two-year transition period, which will begin on the effective date of the final rule.  After the two-year transition period expires, manufactures and service providers may only use the 2019 ANSI Standard to certify new handset models as hearing aid-compatible.  During the transition, manufacturers and service providers may use either the 2011 or 2019 ANSI Standard.

 

Third, the R&O extends the March 1, 2021 deadline for the FCC’s volume control rule to align with the start date for the exclusive use of the 2019 ANSI Standard.  The 2019 ANSI Standard is the first wireless testing standard to implement a volume control requirement and the FCC concluded that the current deadline is insufficient to allow manufacturers sufficient time to implement this new requirement.  Once the 2019 ANSI Standard is the exclusive testing standard, all wireless handset models submitted for hearing aid compatibility certification must meet the 2019 ANSI Standard’s volume control requirement in order to be certified.  In addition, handsets submitted during the transition period under the 2019 ANSI Standard also must meet the volume control requirement, along with the other requirements of the standard; handsets submitted under the 2011 ANSI standard will not need to provide volume control capability.

 

Fourth, consistent with past FCC practice, the R&O will allow manufacturers and service providers to meet deployment benchmark requirements by counting handset models certified under the 2019 ANSI Standard or earlier versions of the standard as long as those models are still being offered for sale.  The FCC anticipates, however, that manufacturers and service providers will slowly begin to replace those handsets certified under an older standard with those certified under the 2019 ANSI Standard and that several handsets meeting the 2019 ANSI Standard will be available to consumers by the end of the transition period.

 

Fifth, the R&O imposes new labeling requirements.  Section 20.19(f) of the FCC’s rules is revised to include a part that addresses package labeling requirements and a part that addresses requirements for package inserts and user manuals.  Each of these new sections includes requirements for the placement and content of information related to the hearing aid compatibility and/or volume control capability of wireless handsets.  For instance, the revised rules move the required disclosure of the ANSI rating from the package label to the package insert or user manual (and the package label will be required to state that the handset is hearing aid-compatible).  In addition, the new rules require that the conversational gain of the handset with and without a hearing aid must be visible on the package label and expand on the explanations that must be included in the insert or user manual (see para. 39).  The goal is to ensure a user can adequately identify the handset that would work best for them with minimal additional research.

 

Sixth, the R&O maintains the requirement that service providers allow customers to test the handsets in a retail store owned and operated by the provider.  This is consistent with prior FCC rules and the FCC was persuaded that maintaining the requirement was the best way to ensure consumers with hearing loss were able to find a headset that works best for them without incurring additional cost or inconvenience.

 

Seventh, the R&O changes and removes outdated rules:

  • The R&O eliminates the “refresh” and “differing levels of functionality” requirements which require handset manufacturers and service providers to update their selection of hearing aid-compatible handsets periodically, and to offer hearing aid-compatible handsets that contain the same range of features and functions contained in handsets offered to hearing people.   The current deployment benchmark rules render this requirement unnecessary.

 

  • The R&O moves the service provider certification due date from January 15 to January 31 each year, and the manufacturer report due date from July 15 to July 31 of each year.  In addition, the R&O removes past transition dates and outdated benchmarks from the rules, corrects clerical errors in the rules, and makes a few minor technical corrections.

 

Chairwoman Roseworcel issued a separate statement in support of the rule changes.

 

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