FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 3,742
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Federal Communications Commission DA 12-550
each air interface to include sufficient numbers of models to meet the benchmarks.62 Moreover, under the
rules we adopt today, many new handset models may not even be tested under the new standard during
the first 12 months. We agree with CTIA that "[t]he 12-month transition period for testing will help
ensure that handsets tested under the 2011 ANSI HAC Standard will be available to service providers and
manufacturers so that they can be offered to consumers within the 24-month benchmark compliance
period."63 We also note that a two-year transition period for applying hearing aid compatibility
benchmarks and other requirements is consistent with the Commission's proposals for wireless handsets
that fall outside the subset of CMRS that is currently covered by Section 20.19(a) of the rules.6 While
we expect manufacturers and service providers to begin offering hearing aid-compatible handsets over the
newly covered air interfaces and frequency bands well before the end of the transition period, we agree
with most of the commenters that a two-year period will appropriately accommodate their design,
engineering, and marketing needs as they adjust their inventories to offer enough of these handset models
to meet the benchmarks. In order to ease the burdens on non-Tier I service providers that often have
difficulty obtaining the newest handset models, we afford these providers an additional three months to
meet newly applicable deployment benchmarks.65
IV. PROCEDURAL MATTERS
A. Final Regulatory Flexibility Analysis
24. As required by the Regulatory Flexibility Act of 1980 ("RFA")," the Commission has
prepared a Final Regulatory Flexibility Analysis ("FRFA") relating to this Third Report and Order. The
FRFA is set forth in Appendix C.
B. Final Paperwork Reduction Act Analysis
25. This document does not contain information collection(s) subject to the Paperwork
62 For example, Section 20.19(c) of the rules requires service providers to offer a minimum of 10 handset models, or
50 percent of the handset models that they offer, that meet a minimum M3 rating for RF interference reduction over
each air interface for which they offer handsets. 47 C.F.R. 20.19(c)(2),(3). Assume that at a given point in time, a
service provider offers some handsets that operate over the GSM air interface (which is covered under the 2007
ANSI Standard), some handsets that operate over the LTE air interface (which is not covered under the 2007 ANSI
Standard), and some that operate over both air interfaces. Assume further that some of these handsets operate over
the 1900 MHz frequency band (which is covered under the 2007 ANSI Standard), some operate over the 700 MHz
frequency band (which is not covered), and some are dual-band. Prior to the date when the benchmarks begin to
apply to newly covered operations, this service provider must meet the M3 benchmark only for its phones that
operate over GSM, and its phones that operate only over the 700 MHz band are not counted. After the date of
expanded benchmark application, it will need to ensure that its portfolios satisfy the benchmark over both the GSM
and LTE air interfaces (including dual-mode phones in both the GSM and LTE calculations), and it will need to
include 700 MHz-only phones among its totals. The service provider must also ensure that its hearing aid-
compatible phones over each air interface include a range of models with differing levels of functionality. Id.
20.19(c)(4)(ii). Furthermore, service providers (and manufacturers) will also need to meet similar benchmarks for
inductive coupling capability, and they must do so in the context of constantly changing portfolios of handsets that
operate over potentially multiple combinations of air interfaces and frequency bands. We note that manufacturers
and service providers are required to report annually on their offerings of hearing aid-compatible handsets, see id.
20.19(i), and that failure to meet the benchmarks over all applicable air interfaces may result in enforcement action.
63 CTIA Reply Comments at 7.
64 See Second R&O and Further Notice, 25 FCC Red at 11200 93.
65 See RCA Reply Comments at 2.
SSee 5 U.S.C. 604. The RFA, see 5 U.S.C. 601-612, has been amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 ("SBREFA"), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). The SBREFA
was enacted as Title II of the Contract With America Advancement Act of 1996 ("CWAAA").
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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/m1/31/: accessed December 18, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.