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Global China Technology Limited Waiver Order

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Released: December 23, 2013

Federal Communications Commission

DA 13-2462

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Request For Waiver of Volume Control Reset,
)
47 C.F.R. § 68.317(f)
)
Global China Technology Limited
)
Amplified DECT Phone # DD22

ORDER

Adopted: December 23, 2013

Released: December 23, 2013

By the Chief, Disability Rights Office, Consumer and Governmental Affairs Bureau:
1.
In this Order, we grant a petition for waiver of 47 C.F.R. § 68.317(f) of the
Commission’s rules filed by Global China Technology Limited (GCTL) on November 8, 2013. Section
68.317(f) requires that telephones with amplification greater than 18 dB (designed for persons with
hearing disabilities) must reset to a volume no greater than 18 dB once the telephone is returned to an on-
hook position. GCTL seeks a waiver of Section 68.317(f) pursuant to the Commission’s streamlined
waiver procedures1 for specific telephone devices Amplified DECT Phone # DD22,2 that include a
volume control override switch so that persons with hearing disabilities can use the telephone without
having to turn the volume back up each time.
2.
Background: Part 68 Registration Process. All terminal equipment manufactured in, or
imported into, the United States and connected to the public switched telephone network (PSTN) must
conform to the requirements of Part 68 of the Commission’s rules.3 To that end, Part 68 requires either

1 See Tandy Corporation, Walker Equipment Company, Ameriphone, Inc., and Ultratec, Inc., Request for Waiver of
Volume Control Reset, 47 C.F.R. § 68.317(f)
, NSD-L-00-17, NSD-L-00-22, NSD-L-00-63, NSD-L-00-193, DA 01-
578, 16 FCC Rcd 5253 (Com. Car. Bur. 2001) (Tandy Corporation).
2 Specifically, this waiver request is for the following models:
Base unit:
PowerTel 720 Assure +, PowerTel 725 Reliant+, PowerTel 720 Assure + Twin,
PowerTel 730 Assure Voice +, PowerTel 735 Reliant Voice +, DD5622HER1, DD5632HER1,
DD5622HER2, DD5622VHER1, DD5632VHER1
Handset unit
PowerTel 720 Assure +, PowerTel 725 Reliant, PowerTel 720 Assure + Twin,
PowerTel 730 Assure Voice +, PowerTel 735 Reliant Voice +, DD5622HER1, DD5632HER1,
DD5622HER2, DD5622VHER1, DD5632VHER1
3 Part 68 is intended to prevent harm to the PSTN from the connection of terminal equipment and associated wiring.
47 C.F.R. § 68.1. Pursuant to Part 68, all terminal equipment that may be connected to the telephone network must
meet the technical requirements of both Part 68 and those published by the Administrative Council for Terminal
Attachments (ACTA) as required in sections 68.7, 68.102, and subpart C of Part 68 of the Commission’s rules. See
47 C.F.R. §§ 68.7, 68.102; 47 C.F.R. Subpart C.

Federal Communications Commission

DA 13-2462

that terminal equipment be tested by a Telecommunications Certification Body (TCB)4 or that the
responsible party follow the procedures for a Supplier’s Declaration of Conformity (SDOC).5 A waiver
of section 68.317(f) allows the petitioner to request testing from a TCB, or to file its SDOC pursuant to
the Part 68 equipment approval requirements, despite the fact that the device does not meet the technical
standards of section 68.317(f).
3.
Streamlined Volume Reset Switch Waiver Process. On March 5, 2001, the Commission’s
Common Carrier Bureau, Network Services Division, released an order adopting a streamlined waiver
process for deciding section 68.317(f) waiver petitions.6 The Bureau identified five safety conditions
that, if met, would allow for the grant of a waiver. Those conditions are:
(1) the volume reset override switch shall be labeled as such and located on the telephone in such
a way as not to be accessible to accidental engagement;
(2) a bright indicator light shall be prominently displayed on the front of the telephone and shall
light up when the override is engaged and the telephone is placed in an off-hook condition;
(3) next to the light shall be a warning that the amplification is at a high level;
(4) a caution on the use of the volume reset override switch shall be included in the users’
manual; and
(5) the telephone shall include a warning printed in Braille that can be securely attached to the
back of the handset, or, if the telephone has only a headset, above the dial buttons, to indicate that
a high volume setting may be engaged.
With this streamlined waiver process, the Commission eliminated the usual public notice and comment
procedures for petitions for waivers of Commission rules.7
4.
Accordingly, a party may request waiver of section 68.317(f) by submitting a letter
certifying that the equipment for which the waiver is requested complies with the five safety conditions
set forth in Tandy Corporation.8 The letter (waiver request) must be signed “by a company representative
or other officer responsible for its truthfulness.”9 “If the request is in order and if no other issues are
present that preclude a grant, the [Commission] will issue an order granting the waiver request.”10 The
party receiving such a waiver may then pursue equipment approval under the applicable Part 68 rules.11
5.
Discussion. GCTL has provided a letter dated November 8, 2013, certifying that its

4 TCBs are equipment test laboratories certified by the Commission pursuant to sections 68.160 and 68.162 of the
Commission’s rules to approve terminal equipment for connection to the telephone network. Each TCB has its own
application procedure and operates independently of the Commission. In addition, bodies outside the United States
are also permitted to approve equipment. See 47 C.F.R. §§ 68.160(c), 162.
5 SDOC procedures are set forth in sections 68.320 – 68.353 of the Commission’s rules. 47 C.F.R. §§ 68.320 –
68.353.
6 Tandy Corporation at ¶¶ 13-15.
7 Id. at ¶ 15.
8 Id. at ¶ 17.
9 Id. at ¶ 15.
10 Id.
11 Id. at ¶ 15.
2

Federal Communications Commission

DA 13-2462

telephone devices, comply with the five safety conditions specified in Tandy Corporation. Its statement
of certification is signed by Yip Timothy, the Research and Development Director of GCTL. Based on
this letter, we conclude that it is appropriate to grant the requested waiver. This Order therefore grants
GCTL’s waiver request. GCTL may therefore proceed with either TCB certification or a Self-Declaration
of Conformity pursuant to Part 68 of the Commission’s rules.
6.
Accordingly, IT IS ORDERED that, pursuant to authority delegated in sections 0.141 and
0.361 of the Commission’s rules, 47 C.F.R. §§ 0.141, 0.361, and section 1.3 of the Commission’s rules,
47 C.F.R. § 1.3, the request for waiver of section 68.317(f) for Amplified DECT Phone # DD22 filed by
Global China Technology Limited, IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:
(1) the volume reset override switch shall be labeled as such and located on the telephone in such a way
as to not be accessible to accidental engagement; (2) a bright indicator light shall be prominently
displayed on the front of the telephone and shall light up when the override is engaged and the telephone
is placed in an off-hook condition; (3) next to the light shall be a warning that the amplification is at a
high level; (4) a caution on the use of the volume reset override switch shall be included in the users’
manual; and (5) the telephone includes a warning printed in Braille that can be securely attached to the
back of the handset, or, if the telephone has only a headset, above the dial buttons, to indicate that a high
volume setting may be engaged.
7.
To request materials in accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This Order can also be downloaded in
Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro/hearing.html.
FEDERAL COMMUNICATIONS COMMISSION
Gregory Hlibok
Chief, Disability Rights Office

Consumer and Governmental Affairs Bureau
3

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