FCC 87-150 Federal Communications Commission Record 2 FCC Red Vol. 10 require that essential telephones provide internal Before the means for effective use with hearing aids that are Federal Communications Commission specially designed for telephone use .... Washington, D.C. 20554 In response to this directive we adopted Section 68.112 of the rules, 47 C.F.R. § 68.112. This rule takes cog- CC Docket No. 87-124 nizance of the Congressional intent to allow the contin- ued manufacture and sale of non-compatible telephones In the Matter of while ensuring that the needs of the hearing impaired are met. 4 Accordingly, our rules require that telephones Access to Telecommunications placed in the following locations be hearing aid compati- Equipment and Services ble: (1) coin-operated telephone sites; (2) elevators, sub- way tunnels and hospital and convalescent home rooms; by the Hearing Impaired (3) ten percent of rooms in hotels/motels; and (4) work and Other Disabled Persons stations of employees with hearing impairments requiring the use of a telephone to conduct their work assignments and in places of business or buildings in which visits by NOTICE OF INQUIRY the public are reasonably expected. 3. Oral comments presented at an informal meeting on Adopted: April 24,1987; Released: May 1S, 1987 telecommunications needs of the hearing impaired and other disabled persons sponsored by the Common Carrier By the Commission: Bureau on December 5, 1986,1 show some parties believe that while the intent of our rules was noble, the problem 1. In response to the Telecommunications for the Dis- intended to be resolved remains. These parties urge, for abled Act of 1982, Public Law 97-410 (Disabled Act), the example, that the rule which requires an employer to Commission, on December 1, 1983, adopted specific rules provide a hearing aid compatible telephone for an em- designed to improve the availability of telecommunica- ployee with a hearing impairment if the employee's job tions equipment and services for the hearing impaired requires the use of a telephone in the performance of and other disabled persons.' These rules: (1) require tele- assigned duties is inadequate. They argue that if such an 2 phones classified as "essential" to be internally compati- employee happens to be in another part of the building, ble with hearing aids specially designed for telephone use; isolated from his/her work station, and finds a need to use (2) set forth the technical standards hearing aid compati- the telephone, it may be impossible to use the nearest ble telephones must meet; (3) require each telephone telephone because the employer is not 'required to pro- package to denote whether the telephone is hearing aid vide hearing aid compatible telephones at other work compatible or not; and (4) allow carriers to provide stations. To alleviate this and other potential situations "specialized terminal equipment" to persons with hearing, where the hearing impaired may not be able to access the sight, speech and mobility impairments, and permit state telephone network, some parties advocate regulations re- commissions to allow carriers to recover through tariffs quiring that all telephones manufactured after a certain "reasonable and prudent costs not charged directly to date be hearing aid compatible. They argue that the users of such equipment." In addition, consistent with the additional cost of producing a hearing aid compatible Disabled Act, the rules delegate enforcement powers for telephone is de minimus, and that the public will benefit Sections 64.602 and 64.603, 47 C.F.R. §j 64.602 and from this change. 64.603, to all states adopting these rules. During the 1982 4. Others attending the December 5th meeting contend Congressional hearings leading to the Disabled Act and in that no change to the current regulations is necessary in Commission proceedings,' it was evident that a segment view of advances in hearing aid technology. The hearing of the U.S. population was having difficulty obtaining aid industry has introduced an "in-the-ear" device which telecommunications services and equipment because of is finding market acceptance among hearing aid users. certain physical disabilities. We believed the rules we This device offers increased power and tends to be more adopted would improve access to telecommunications ser- comfortable than earlier hearing aids, but generally does vices by these disabled persons. Our rules have been in not include the telecoil feature.' The information cur- place now for nearly three years. Some argue that the rently available indicates that the number of hearing aids rules have proven inadequate and that additional steps purchased incorporating the telecoil feature is decreasing. must be taken to assure the disabled reasonable access to If this trend continues, some argue, there will be rela- telecommunications services. We therefore wish to exam- tively few units employing telecoil technology and less ine in detail the effectiveness of our current rules, par- need for requiring that all telephones be made compatible ticularly in the wake of recent technological and with telecoil equipped hearing aids. In addition, there are regulatory changes. This notice of inquiry is also intended other portable devices available which are designed to to gather information concerning the telecommunications enhance the hearing ability of persons with hearing dis- needs of the hearing impaired and other disabled persons abilities while using a standard telephone. Also, there are and to provide interested parties an opportunity to com- indications that the design of the telephone will undergo ment on what action, if any, they believe is necessary or substantial changes in the future as telephone companies desirable to assist the hearing impaired and other disabled convert their local loops to digital technology. In sum, a persons in obtaining reasonable access to telecommunica- number of persons attending the meeting question the tions services. wisdom of imposing what they view as an old hearing aid 2. Section 610(b) of the Disabled Act directed the design on a telephone industry moving toward more Commission to: advanced technology. 2 FCC Red Vol. 10 Federal Communications Commission Record FC87-150 2 FCC Rcd Vol. 10 Federal Communications Commission Record FCC 87.150 5. These conflicting views lead us to conclude that a of coordinating such changes under the auspices of some careful review of these issues is necessary. One option existing organization, such as the Exchange Carriers Stan- suggested by those who claim the hearing impaired still dards Association's T-1 cv,. mittee. do not have adequate access to telephone service, is to 8. Deaf' and speech-impaired individuals require other require that all telephones manufactured after, a certain specialized equipment and services such as Telecommuni- date be hearing aid compatible, i.e., comply with the cations Devices for the Deaf (TDDs or ITYs) and special technical standards specified in Section 68.316. Any such operator and directory assistance, that are incidental to approach need not require the removal of existing non- transmission services, in order to communicate via the compatible telephones or the retrofitting of such tele- telephone network. At the national level. AT&T, through phones. Parties commenting in response to this notice its Special Needs Center, provides communications equip- should provide details on the costs of modifying non- ment to deaf persons as well as individuals with speech, hearing aid compatible telephone manufacturing pro- Vision and motion disabilities. The Special Needs Center cesses to produce hearing aid-compatible telephones. offers TDD users operator services which include assis- Also, it is requested that data be provided as to the tance in making AT&T credit card calls, third-number number of telephones retailed in the U.S. and the per- billed calls, collect calls, person-to-person calls and calls centage of them that are currently hearing aid compatible, from hotels/motels. In addition, operators will translate as well as information concerning future trends in this for the TDD caller information received from a recording regard. In addition, commenters are asked to supply data at the called number. Some states have developed TDD on the population of hearing aid users, including the (1) programs designed to provide means of communications total number of hearing aid users; (2) number of hearing for the deaf, hearing impaired, deaf-blind and speech aids equipped with telecoils; (3) number of users requir- impaired persons. These programs are primarily funded ing the use of hearing aids equipped with telecoils; (4) by either a surcharge levied on local subscribers or a number of "in-the-ear" units equipped with telecoils; and special assessment against telephone companies. (For ex- (5) the number of users employing the in-the-ear model. ample, the state of California levies a surcharge of $0.03 6. Other matters warranting consideration include the per month per telephone subscriber in the state. These impact of technological advances in hearing aids and funds are used to purchase and maintain TDD equipment telephone designs. As noted above, many hearing aid and to develop a statewide message relay service.) Under users are selecting the less obtrusive "in-the-ear" device these programs qualified individuals are offered TDDs, that generally does not have the telecoil. This. trend may light signalling devices, training on how to use the equip- imply that telecoil" equipped hearing aids will become ment and in some cases message relay service free or at outmoded. Commenting parties should offer their views reduced charges. on the future need for telecoil hearing aid compatible 9. Some concerns of the deaf are the lack of such telephones, particularly in light of these reported trends programs in all states and the inability to take advantage and on the impact of imposing current telephone hearing of, or the unavailability of, compatible services offered by aid compatibility technology on future telephone system AT&T's competitors. The absence of such programs in designs. Interested parties are also asked to comment on many states precludes some deaf people from being able the special requirements, if any, of hearing impaired to communicate with others, forcing them to depend persons who use non-telecoil equipped hearing aids. We upon non-disabled relatives and friends. Even in those also ask for comments on whether a universal compatibil- areas with TDD programs users complain of limited ity requirement could impede technological developments hours of operator services and a shortage of operators in terminal equipment or the telephone network. The who can deal with the special communication needs of American Telephone and Telegraph National Special the deaf. We request information concerning the size of Needs Center (Special Needs Center) also markets a por- the deaf population, the assistance provided through these table telephone amplifier which serves as a telecoil adapt- programs, the extent of their use by the deaf, and the er and handset amplifier. The information currently costs involved. In addition, we request that AT&T pro- available to us indicates that it is adaptable to most vide, for the official record, a narrative of the services it telephones and sells for a fraction of the cost of a hearing provides through its Special Needs Center along with aid. With the cosmetic attractiveness of the "in-the-ear" information on the related costs. hearing aid, devices such as the portable amplifier may 10. In addition, because the deaf are unable to hear constitute a reasonable alternative to hearing- they must manually keystroke their aid-compatible telephones in certain circumstances. To messages using a TDD. The data are transmitted at a much slower rate than assist us in this matter commenters are asked to identify oral messages, resulting in a higher cost to the TDD user areas in which research and new product development is to convey a like message. Some states subsidize these underway and to assess the likely impact of that research transmission charges. AT&T offers, pursuant to tariff and development on our current rules or on the desirabil- (F.C.C. No. 1), reduced rates to qualified hearing im- ity of requiring universal compatibility for new tele- paired TDD users. Under this tariff, qualified TDD users phones. may make calls during the day rate period (8:00 a.m. to 7. Another option involves the creation of a committee 5:00 p.m.) at the evening rates and calls during the consisting of representatives from the hearing aid and evening rate period (5:00 p.m. to 11:00 p.m.) at the telephone industries and parties representing the hearing night-weekend rate. It is unclear whether similar offerings impaired and other disabled persons. Through this com- are available from other interstate common carriers, or mittee, interested parties could coordinate changes that whether disabled persons can effectively use these car- would affect access of the hearing impaired to telephone riers. We request information concerning these matters services. We solicit comments on the merits of such a from interested parties, including information on the use committee and its proposed structural arrangement and of AT&T's discounted service, as well as the related sav- operation. Commenters should also discuss the possibility ings for the deaf, and whether other carriers have similar FCC 87-150 Federal Communications Commission Record 2 FCC Red Vol. 10 offerings. We also ask commenters to address the obstacles FEDERAL COMMUNICATIONS COMMISSION that TDD users encounter in trying to use other interex- change carriers' services for transmission of messages. In regard to the latter, parties should outline the technical constraints which prevent access to such carriers, as well as any transmission rate reductions for qualified TDD William J. Tricarico, users offered by these carriers, and, to the extent known, Secretary supply details regarding programs designed for these TDD users planned by AT&T's competitors. 11. Furthermore the deaf find it difficult to commu- FOOTNOTES nicate via the telephone with non-hearing impaired per- Access to Telecommunications Equipment by the Hearing sons. Under current practice, TDD users avail themselves Impaired and Other Disabled Persons Order, CC Docket No. of manned relay stations to converse with parties without 83-427. 49 Fed. Reg. 1352 (Jan. 11, 1984), modified, 49 Fed. Reg. TDD units. Because many of these stations operate during 19666 (May 9, 1984), further modified, FCC 84-382, (released limited hours, the disabled are unable in some cases to Aug. 13, 1984). reach the called party at the desired time. In addition, the . "Essential telephones" include only coin-operated tele- deaf may be reluctant to use the service to discuss sen- sitive matters in the presence of a stranger. We under- phones, telephones provided for emergency use, and other tele- stand there is at least one firm exploring software phones frequently needed for use by persons using hearing aids technology which may prove suitable for unmanned relay specially designed for telephone use. 47 U.S.C. J 610(b). 3 See, stations. International Business Machine Corporation is Telecommunication Services for the Deaf and Hearing testing a program which allows an individual to "talk" to Impaired. Notice of Inquiry, CC Docket No. 78-50, 67 F.C.C. 2d a computer which converts keystrokes into a synthesized 1602 (1978). terminated FCC 83-177 (released May 3, 1983) and voice, and vice versa. In addition, the system is designed CC Docket No. 83-427. supra. to take advantage of TOUCH-TONE signaling to permit The House Report accompanying the Disabled Act stated: the telephone user to either speak or use the key pad to communicate. If this technology is adaptable to TDD The reported bill does not require all telephones to be systems it would greatly enhance the communications compatible with hearing aids. Rather. the bill preserves capabilities of the deaf. If there are others developing consumer choice while ensuring that the needs of the similar mechanisms which would be beneficial to this hearing impaired are fully served. The legislation focuses group, we would like to be advised of these efforts. on those "essential telephones" to which the hearing Perhaps these undertakings should also be reviewed or impaired must have access if they are to function effec- coordinated by the proposed committee discussed at para- tively in a modern society. Companies are free to manu- graph 7 above since it may be preferable to avoid the facture and to market non-compatible telephones, and development of a number of incompatible software pro- business and consumers may purchase these instruments grams and TDD devices. We encourage interested parties for use by persons who do not have hearing impairments. to comment on present and future efforts to develop unmanned relay stations. In addition, commenters should address the merits of monitoring the progress of un- House Report No. 97-888 97th Cong. 2d Sess.. at p. 9 (House manned relay stations by the earlier-referenced commit- Report). tee. See Public Notice No. 0626 (November 13.1986). 12. In view of the foregoing, we seek to obtain Most external hearing aids have a built-in telephone pickup. information, and views from interested persons in order or "telecoil," which is activated by a switch on the hearing aid. to establish a sound factual basis for evaluating the tele- When this switch is placed in the "telephone" position, the communications need of the deaf and hearing impaired. microphone is turned off and the hearing aid can be used at Interested parties are also invited to propose solutions for .full volume without feedback and with minimal background any problems which they perceive. Based on this informa- noise. These hearing aids are activated by the magnetic field tion the Commission will evaluate the need for consider- generated by telephone handsets. Unless otherwise indicated. ation of further regulatory measures or legislative reference to hearing aid compatible telephones, refers to equip- initiatives designed to ensure reasonable access to tele- ment which is compatible with a telecoil type hearing aid. See communications services by the deaf and hearing im- House Report at p. 8. paired. We seek comments on the issues set out in this 7 Section 68.316 specifies the magnetic field parameters a Notice and on any other issues relevant to consideration telephone must meet in order to achieve inductive coupling of this subject matter which may not have been raised with a compatible hearing aid. herein. a A deaf individual is one who can not hear or whose hearing 13. Accordingly, pursuant to Sections 4(i), 4(j), 201-205, impairment is so severe that use of the telephone is impossible and 403 of the Communications Act of 1934, as amended, even with a hearing aid equipped with a selecoil. IT IS ORDERED THAT AN INQUIRY IS HEREBY INSTITUTED. 14. Interested persons may file comments on or before June 29, 1987 and reply comments on or before July 20, 1987. All relevant and timely comments will be consid- ered by the Commission. In reaching its determinations in this proceeding, the Commission may also take into account other relevant information before it, in addition to the specific comments invited by this Notice.