# Before the

# Federal Communications Commission

# Washington, D.C. 20554

In the Matter of )

)

Paradyne Corporation )

) File No. NSD-L-00-37

Petition for Waiver of the Signal Power )

Limitations Contained in )

Section 68.308(e)(1) of the )

Commission\'s Rules )

# MEMORANDUM OPINION AND ORDER

**Adopted: July 25, 2000 Released: July 26, 2000**

By the Chief, Network Services Division, Common Carrier Bureau:

1.  On March 17, 2000, Paradyne Corporation (Paradyne) filed with the
    Chief, Network Services Division (NSD), Common Carrier Bureau
    (Bureau), a Certification and Request for a waiver of the
    out‑of‑band metallic signal power limitations contained in 47 C.F.R.
    section 68.308(e)(1) of the Commission\'s rules, so that it may
    register under Part 68 its Hotwire Rate Adaptive Digital Subscriber
    Line (RADSL) modem using the same streamlined waiver procedure
    approved for Asymmetrical Digital Subscriber Line (ADSL) equipment
    in our *Alcatel Order*.[^1] Paradyne certifies that its equipment
    satisfies the conditions established in the *Alcatel Order* for
    streamlined waiver requests.[^2] For the reasons discussed below, we
    grant Paradyne's request to use the existing streamlined process for
    ADSL waiver requests.

2.  *Part 68 Registration Process*. All terminal equipment sold in the
    United States and connected to the public switched telephone network
    (PSTN) must be registered under Part 68 of the Commission's
    rules.[^3] The Part 68 registration process prevents harm to the
    PSTN by requiring that the responsible party demonstrate that its
    equipment conforms to Part 68 requirements. Once the equipment tests
    show that the applicant's device meets the Part 68 requirements, a
    registration number is issued, and the device may be sold and
    connected to the PSTN in the United States.

3.  Section 68.308 contains limitations on metallic and longitudinal
    signal power to protect the network from crosstalk.[^4] Excessive
    metallic signal power in the 100 Hz to 4 kHz range is limited by 47
    C.F.R. section 68.308(b). Section 68.308(e)(1) limits the power
    level of metallic signals in the 4 kHz to 6 MHz range.[^5] These
    limits are represented by a maximum value of root mean square (rms)
    voltage across the terminals of the equipment when terminated in
    networks shown in figure in 47 C.F.R., section 68.308, *Figure
    68.308(a)*. While section 68.308(e) provides two limitations to
    prevent crosstalk in telephone company transmission systems or
    services,[^6] Paradyne seeks waiver of the first limitation, the
    limitation on excessive metallic signal power in the 4 kHz to 6 MHz
    range. In its *Certification and Request*, Paradyne certifies that
    its modem complies with all other sections of Part 68, except for
    section 68.308(e)(1).[^7]

4.  *Waiver Standard.* In analyzing Paradyne's *Certification and
    Request*, we consider established legal standards for waiver of the
    Commission\'s rules. The Commission will adhere strictly to its
    rules unless a party can demonstrate that \"in the public interest
    the rule should be waived.\"[^8] Furthermore, the Commission may
    only waive a provision of its rules for "good cause shown."[^9] The
    Commission must take a \"hard look\" at applications for waiver[^10]
    and must consider all relevant factors when determining if good
    cause exists.[^11] The party petitioning the Commission for a waiver
    bears the heavy burden of showing good cause: \"\[a\]n applicant
    \[for a waiver\] faces a high hurdle even at the starting
    gate.\"[^12] In addition, \"\[t\]he agency must explain why
    deviation better serves the public interest, and articulate the
    nature of the special circumstances, to prevent discriminatory
    application and to put future parties on notice as to its
    operation.\"[^13] Finally, a waiver of one or more portions of the
    Commission's rules does not excuse an applicant from compliance with
    the Commission's other requirements.[^14]

5.  On February 8, 2000, NSD released an *Order* granting waiver of
    section 68.308(e) of the Commission's rules to permit Alcatel USA,
    Inc., to register its Model 1000 Asynchronous Digital Subscriber
    Line (ADSL) modem, a device that complied with sections 7.14 and
    7.15 of ANSI T1.413‑1998 standard.[^15] In that proceeding, we
    formulated and applied a two-part test to determine the merits of a
    request for waiver of Section 68.308(e)(1) to permit registration of
    non-conforming Customer Premises Equipment (CPE) *(Nortel Test*).
    The first prong of the test is an evaluation of the CPE's benefit to
    the public interest, with an emphasis on the potential gain in
    consumer choice and value. The second prong of the test is an
    evaluation of the CPE's potential for causing network harm. The
    issues raised by Paradyne's *Certification and Request* are
    substantially similar to those raised in the Alcatel proceeding.
    Accordingly, we will apply the same two-part test to the merits of
    Paradyne's *Certification and Request* that we applied in the
    *Alcatel Order*.

6.  *Paradyne's RADSL modem*. Paradyne's modem is based on RADSL
    technology. RADSL employs the same basic technology as Asymmetric
    Digital Subscriber Line (ADSL) with the additional ability to
    monitor loop conditions and automatically adjust the data rate to
    maximize performance and reach.

7.  The Telecommunications Industry Association (TIA) commented on
    Paradyne's instant request. TIA filed a letter offering the
    consensus view of TIA's Engineering Technical Subcommittee, TR41.9,
    that the scope of the *Alcatel Order* should be broadly construed to
    interpret the term 'ADSL' generically rather than as
    T1.413-compliant[^16] or G.992.1-compliant[^17] equipment only, thus
    permitting equipment similar to ADSL, such as Splitterless ADSL and
    RADSL to be eligible for the streamlined waiver process established
    in the *Alcatel Order.*

8.  TIA argues that the upstream PSD masks are identical for: a) ADSL in
    T1.413-1998 and in G.992.1-1999, b) Splitterless ADSL, also known as
    G.LITE, in T1.419.2000[^18], and c) RADSL in Committee T1 Technical
    Report No. 59 (TR#59). TIA also argues that, except for RADSL, the
    aggregate power limits over the range of 25.875 kHz to 138 kHz are
    the same -- 12.5 dBm. TIA acknowledges that, to be eligible for the
    streamlined waiver process, RADSL equipment should be expected to
    meet the 12.5 dBm limit for aggregate power.

9.  *Discussion.* We find that TIA Engineering Technical Subcommittee,
    TR41.9, reflects a reasonable level of industry consensus on CPE
    output limitations intended to protect the viability of the PSTN.
    TR41.9 uses an open, industry consensus-building process to develop
    network protection standards and to arrive at positions applicable
    to the connection of digital and high capacity transmission
    equipment to the PSTN. TR41.9 members represent carriers,
    manufacturers, and test laboratories.

10. Accordingly, we find that the RADSL (constrained by a 12.5 dBm limit
    on aggregate power) and G.LITE technologies are equivalent, in terms
    of limits on power for purposes of Part 68, to the ADSL technology
    that was approved for the streamlined waiver process of
    68.308(e)(1). We find that these technologies, like the ADSL
    technologies that we considered in the *Alcatel Order*, are unlikely
    to cause harm to the PSTN. Therefore, we will expand the *Alcatel
    Order* streamlined waiver process to include modems using these two
    types of technologies. In order for the Commission to grant a waiver
    the modem must: (1) meet the transmitter spectral response
    requirements specified in Section 7.14 of T1.413-1998, and (2)
    operate with an aggregate power of less than 12.5 dBm over the range
    25.875 to 138 kHz as specified in 7.15 T1.413-1998. All the other
    requirements specified in the *Alcatel Order* remain the same.

11. In the *Alcatel Order*, we found that ADSL technology meets the
    two-prong test for waiver of the Commission\'s Part 68 rules. The
    first prong of the test is an evaluation of the equipment's benefit
    to the public interest, with an emphasis on the potential gain in
    innovation, consumer choice, and value. We find that the RADSL and
    G.LITE technology are variations of ADSL technology that provide a
    similar customer benefit. The second prong of the test for waiver of
    the Commission's Part 68 rules is an evaluation of the equipment's
    potential for causing network harm. We have found herein that the
    RADSL and G.LITE technologies are not likely to cause harm to the
    network if they meet the conditions specified. By not harming the
    PSTN in accordance with the Alcatel conditions, these technologies
    satisfy the second prong of the waiver test.

12. Our decision to grant a waiver only for modems that meet the
    performance conditions described above is based upon the information
    in the record before us. In the event it becomes evident that the
    information is incomplete or inaccurate, and it appears that harm to
    the PSTN is possible, we note an additional remedy that
    facilities-based telecommunications carriers may use to protect
    their networks. First, section 68.108 of the Commission's rules
    affords carriers certain self‑help privileges, enabling them to take
    necessary actions to protect the PSTN. These actions include
    temporarily disconnecting or refusing to connect inside wiring or
    customer premises equipment (CPE) that is likely to cause harm to
    the PSTN.[^19] Pursuant to section 68.108, carriers must notify the
    customer of their intended action, give the customer an opportunity
    to correct problems, and inform the customer of his right to
    complain to the Commission should the customer feel that the carrier
    has acted improperly.[^20] Second, we encourage parties to monitor
    the performance of these ADSL, RADSL, and G.LITE modems and the
    networks that serve them, and to gather and share with us
    information that might be relevant to general harm to the PSTN or
    cross-talk problems.

# ORDERING CLAUSES

13. Accordingly, pursuant to authority delegated in sections 0.91 and
    0.291 of the Commission\'s rules, 47 C.F.R. sections 0.91, 0.291,
    and section 1.3 of the Commission\'s rules, 47 C.F.R. section 1.3,
    IT IS HEREBY ORDERED that the request for waiver of section
    68.308(e)(1) of the Commission's rules 47 C.F.R. § 68.308(e)(1), by
    Paradyne Corporation, IS GRANTED to the extent discussed herein.

14. IT IS FURTHER ORDERED, that the *Certification and Request* is
    granted SUBJECT TO THE FOLLOWING CONDITIONS: that the equipment: (1)
    meets the transmitter spectral response requirements specified in
    Section 7.14 of T1.413‑Issue Two (1998), and (2) operates with an
    aggregate power of less than 12.5 dBm over the range 25.875 to 138
    kHz as specified in section 7.15 of the same document.

FEDERAL COMMUNICATIONS COMMISSION

L. Charles Keller

Chief, Network Services Division

Common Carrier Bureau

[^1]: In the Matter of Alcatel USA, Inc., Petition for Waiver of the
    Signal Power Limitations Contained in Section 68.308(e)(1) of the
    Commission's Rules, NSD L-99-81, *Memorandum Opinion and Order*, 15
    FCC Rcd 4388 (Com. Car. Bur. Network Svcs. Div. 2000) (*Alcatel
    Order*).

[^2]: *Certification and Request* at 1.

[^3]: 47 C.F.R. § 68.2.

[^4]: Crosstalk was initially used to designate the presence in a
    telephone receiver of unwanted speech sounds from another telephone
    conversation. The term has been extended in its application to
    designate interference in one communication channel or circuit
    caused by signals present in other communication channels.
    Consideration is limited here to the interference of one signal by
    another of the same general type - e.g., speech interfering with
    speech, video with video, digital with digital, etc.
    Telecommunications Transmission Engineering, Volume I - Principles,
    Second Edition, at 425 (AT&T, 1977).

[^5]: The limits are: maximum rms values, averaged over 100
    milliseconds, at the telephone connections, in all of the indicated
    8 kHz bands within the indicated frequency ranges, of -- (6 + 12.6
    log f) dBV for center frequencies of 8 to 12 kHz with a terminating
    impedance of 300 ohms; (23 -- 40 log f) dBV for center frequencies
    of 12 to 90 kHz with a terminating impedance of 135 ohms; -55 dBV
    for center frequencies of 90 kHz to 266 kHz with a terminating
    impedance of 135 ohms, and maximum rms values of --15dBV, averaged
    over 2 microseconds, at the telephone connections, in all of the 8
    kHz bands within the frequency range of 270 kHz to 6 MHz, with a
    terminating impedance of 135 ohms. Sometimes, as in the first
    sentence of the *Petition,* these limits are called the out-of-band
    signal power limitations, because the range 4kHz to 6 MHz is outside
    the voice-band range of 200 Hz to 3995 Hz. For purposes of Part 68,
    voice-band is defined in 47 C.F.R. § 68.3.

[^6]: These limitations were originally intended to limit crosstalk in
    multichannel analog carrier systems. Multichannel analog carrier
    systems use frequency division multiplexing to concentrate multiple
    subscribers\' signals onto a single wire pair. Each direction of
    transmission for each subscriber uses either 4 kHz (single sideband)
    or 8 kHz (double sideband) of frequency spectrum. Generally, the
    carrier systems most susceptible to crosstalk are those that use
    double sideband modulation methods, 8 kHz of spectrum for each
    direction of transmission per channel. Telecommunications Industry
    Association, EIA/TIA TR-41 Telecommunications Systems Bulletin, Part
    68 Rationale and Measurement Guidelines, TSB31‑B (1998), at section
    8.17.1.

[^7]: *Petition,* at paragraph 8.

[^8]: *FPC v. Texaco Inc*., 377 U.S. 33, 39 (1964).

[^9]: 47 C.F.R. §1.3.

[^10]: *Id.*

[^11]: *Citizens to Preserve Overton Park, Inc. v. Volpe*, 401 U.S. 402,
    416 (1971).

[^12]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969).

[^13]: *Northeast Cellular Telephone Company, L.P. v. FCC*, 897 F.2d
    1164, 1166 (D.C. Cir. 1990).

[^14]: *See* 47 C.F.R. § 1.3; *Alameda Order* at 12139.

[^15]: Alcatel USA, Inc. Petition for Waiver of the Signal Power
    Limitations Contained in Section 68.308(e) of the Commission\'s
    Rules, File No. NSD 00-37, *Memorandum Opinion and Order*, DA
    00-388, \-- FCC Rcd \-\-- (Com. Car. Bur. Network Svcs. Div. 2000)
    ("*Alcatel Order*").

[^16]: ANSI T1, \"Draft Proposed Revision of ANSI T1.413‑1998 - Network
    and Customer Installation Interfaces - Asymmetrical Digital
    Subscriber Line (ADSL) Metallic Interface,\" as approved by
    Committee T1E1 and forwarded to the American National Standards
    Institute (ANSI) for publication. This specification contains the
    power spectral density (PSD) masks for spectral compatibility of
    ADSL equipment with other services in the local loop. This document
    is available on the Internet at
    \<ftp://ftp.t1.org/pub/t1e1/e1.4/dir98/8e140075.pdf\>.

[^17]: International Telecommunications Union -- Telecommunications
    Standardization Sector ("ITU-T") Recommendation G992.1-1999.

[^18]: G.LITE (Splitterless ADSL) is a subset of ADSL designed to
    eliminate the requirement for a splitter (filter) at the customer's
    premises to prevent interference between the voice and DSL services.
    As a subset of ADSL, G.LITE does not have all the features of ADSL
    and it operates at a reduced data rate. There are also operational
    differences that enable G.LITE to adjust the data rate for varying
    interference levels and loop conditions.

[^19]: Carriers reasonably determining that CPE (*i.e.,* plugs, jacks,
    and inside wire) will cause harm to the PSTN may discontinue service
    after notifying the customer, and if practicable, afford the
    customer the opportunity to correct the service-affecting condition.
    Carriers must also inform the customer of his or her right to file a
    complaint with the Commission. 47 C.F.R. § 68.108.

[^20]: *Id.*