FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 3,738
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Federal Communications Commission DA 12-550
Also, Consumer Groups, in light of the more accurate testing methodology under the 2011 ANSI
Standard, advocate eliminating the existing rule that allows phones operating over the GSM air interface
in the 1900 MHz band to be tested with reduced power under some circumstances.36 As Consumer
Groups acknowledge, this issue is outside the scope of the Second Further Notice, and the Commission
will address it separately.37
B. Transitional Testing and Disclosure Requirements for Multi-Band and Multi-Mode
14. As proposed in the Second Further Notice and Multi-Band Principles,35 we adopt a 12-
month transition period for testing of multi-band and multi-mode handsets that incorporate operations
which are not covered under the 2007 ANSI Standard. Specifically, for the 12 months following Federal
Register publication of rules adopting the 2011 ANSI Standard, as an alternative to using the 2011 ANSI
Standard, we will permit manufacturers to certify such handsets as hearing aid-compatible if they meet
hearing aid compatibility criteria under the 2007 ANSI Standard for all operations covered under that
standard, provided they meet the disclosure obligations set forth below.39 After the end of the 12-month
transition period, any new handset model containing operations that are not covered under the 2007 ANSI
Standard will have to meet hearing aid compatibility criteria under the 2011 ANSI Standard for all of its
operations in order to be considered hearing aid-compatible over any air interface.40 Handset models that
are certified under the transitional rule during the 12-month transition period, however, may continue to
be counted and marketed as hearing aid-compatible after the transition period has ended without
additional testing or certification.
15. Several commenters explicitly support adopting a transition period for testing of handsets
with newly covered operations,4' and none oppose this proposal. The transitional rule recognizes that at
the time the new rules become effective, some manufacturers will be in product fabrication cycles where
it will be impractical to initiate testing of upcoming multi-band or multi-mode handsets under the 2011
ANSI Standard. It is also possible, although unlikely, that multi-band or multi-mode handsets may be
planned for near-term introduction that meet the hearing aid compatibility criteria for their operations that
are covered under the 2007 ANSI Standard but do not meet those criteria for newly covered operations
36 Consumer Groups Comments at 2 (referencing Section 20. 19(e)(1 )(iii) of the Commission's rules).
37 See generally Second Further Notice. 26 FCC Red at 14994 5 n.22.
38 On September 11, 2008, an Alliance for Telecommunications Industry Solutions (ATIS) working group filed
proposed industry/consumer consensus principles to apply to handsets operating in part over frequency bands or on
air interfaces for which no current hearing aid compatibility standards exist. Letter from Thomas Goode, General
Counsel, ATIS, and Deirde Y. Cheek, Attorney, ATIS, to Marlene H. Dortch, Secretary, FCC, dated Sept. 11,2008
(Multi-Band Principles). The Multi-Band Principles provide a proposed framework for evaluating and developing
hearing aid compatibility standards for new frequency bands and/or voice technology modes. Id. Principle 8 of the
Multi-Band Principles states that beginning 12 months after a new standard is adopted by the Commission, a newly
produced model would not be counted as hearing aid-compatible for any of its operations unless it meets the hearing
aid compatibility standard for the new operation; however, handsets previously counted as hearing aid-compatible
would continue to be so counted. Id. at 3.
39 See infra paras. 18-20.
40 See 47 C.F.R. 20.19(b) (general rule that handset must meet hearing aid compatibility technical standards for all
of its operations in order to be considered hearing aid-compatible for any of its operations); see also supra para. I 1
(discussing requirement that each handset be tested using a single version of the ANSI Standard).
41 See, e.g., CTIA Reply Comments at 6-7; HIA Comments at 2, 3-4; Samsung Comments at 4.
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012, book, April 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc102307/m1/27/: accessed September 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.