FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 3,749
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Final Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act of 1980, as amended (RFA),' an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the Second Further Notice of Proposed
Rulemaking.2 The Wireless Telecommunications Bureau (WTB) and the Office of Engineering and
Technology (OET) sought written public comment on the proposals in the Second Further Notice, including
comment on the IRFA. This present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.3
2. Although Section 213 of the Consolidated Appropriations Act of 2000 provides that the
RFA shall not apply to the rules and competitive bidding procedures for frequencies in the 746-806 MHz
Band,4 we believe that it would serve the public interest to analyze the possible significant economic
impact of the proposed policy and rule changes in this band on small entities. Accordingly, this FRFA
contains an analysis of this impact in connection with all spectrum that falls within the scope of this Third
Report and Order, including spectrum in the 746-806 MHz Band.
A. Need for, and Objectives of, the Third Report and Order
3. The Third Report and Order amends Section 20.19 of the Commission's ruless by
adopting the new ANSI C63.19-2011 standard (the "2011 ANSI Standard")6 as an applicable hearing aid
compatibility technical standard. The standard specifies testing procedures to establish the M-rating
(acoustic coupling) and T-rating (inductive coupling) to gauge the hearing aid compatibility of handsets.
Specifically, the Third Report and Order finds that adoption of the new 2011 ANSI Standard will raise no
major compliance issues and will not impose materially greater obligations with respect to proposed
newly covered frequency bands and air interfaces than those already imposed under the Commission's
rules. By bringing operations over additional frequency bands and air interfaces under the hearing aid
compatibility regime, and by aligning the Commission's rules with the most current measurement
practices, this rule change will help ensure that consumers with hearing loss are able to access wireless
communications services through a wide selection of handsets without experiencing disabling
interference or other technical obstacles.
4. Under the rules that we adopt, a manufacturer is permitted to submit handsets for
See 5 U.S.C. 603. 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).
2 See Amendment of the Commission's Rules Governing Hearing Aid Compatible Mobile Handsets, WT Docket
No. 07-250, Second Further Notice of Proposed Rulemaking, 26 FCC Rcd 14991, 15002-15015 App. B (2011)
(Second Further Notice).
3 See 5 U.S.C. 604.
4 In particular, this exemption extends to the requirements imposed by Chapter 6 of Title 5, United States Code,
Section 3 of the Small Business Act (15 U.S.C. 632) and Section 3507 and 3512 of Title 44, United States Code.
Consolidated Appropriations Act 2000, Pub. L. No. 106-113, 113 Stat. 2502, App. E, Sec. 213(a)(4)(A)-(B); see 145
Cong. Rec. H12493-94 (Nov. 17, 1999); 47 U.S.C.A. 337 note at Sec. 213(a)(4)A)-(B).
547 C.F.R. 20.19.
Accredited Standards Committee C63 - Electromagnetic Compatibility, American National Standard Methods of
Measurement of Compatibility between Wireless Communications Devices and Hearing Aids, ANSI C63.19-2011
(May 27, 2011) ("2011 ANSI Standard").
Federal Communications Commission
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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/m1/38/: accessed September 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.