**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

In the Matter of )

)

Part 68 Waiver Requests of ) File Nos.:

)

Nor Pac Group, Inc. ) NSD-L-00-01

RadioShack ) NSD-L-00-02

CIDCO Incorporated ) NSD-L-00-03

UNICO Pacific Group ) NSD-L-00-04

**ORDER**

Adopted: January 11, 2000 Released: January 11, 2000

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

1\. The above-captioned Petitioners (hereinafter \"Petitioners\") have
filed requests for waiver of Section 68.312(i) of the Commission\'s
rules, 47 C.F.R. § 68.312(i), so that they may register, under Part 68
of the rules, devices that detect the presence of a stutter dial
tone.[^1] Stutter dial tone is a series of short separate tones produced
by the telephone company\'s central switching office that alerts a voice
mail subscriber that he or she has voice mail. The Petitioners\' devices
automatically check for the presence of stutter dial tone and, if
detected, cause a light to blink to alert the subscriber of the waiting
voice mail message. For the reasons discussed below, we grant
Petitioners\' waiver requests.

2\. All terminal equipment sold in the United States and connected to
the public switched telephone network must be registered under Part 68
of the Commission\'s rules.[^2] The Part 68 registration process
requires testing of the device to demonstrate that it conforms to Part
68 requirements, so as to prevent harm to the public switched telephone
network (PSTN).[^3] 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 in the United States. A waiver of one or more
portions of Part 68 does not excuse an applicant from this testing
process, and the waiver of Section 68.312(i) sought by the Petitioners
would allow them to submit their stutter dial tone devices for Part 68
testing, pursuant to the conditions that are contained in this Order.

3\. On September 28, 1995, the Commission\'s Common Carrier Bureau
released an order granting eight parties waivers of Section 68.312(i) of
the Commission\'s rules to offer similar devices.[^4] The waivers were
granted subject to eight conditions.[^5] In the *Alameda Order,* the
Common Carrier Bureau invited other parties able to meet these
conditions to file petitions for waiver of Section 68.312(i) for their
stutter dial tone detection devices.[^6] Since the *Alameda Order* was
released, we have granted waivers to numerous Petitioners.[^7]

4\. On August 9, 1999, the Common Carrier Bureau released an Order on
Reconsideration (*Reconsideration Order*) in response to petitions filed
by VoiceWaves, Inc. and Southwestern Bell Telephone Company (SBC).[^8]
In the *Reconsideration Order*, the Commission granted VoiceWaves\'
request and eliminated the 30-second maximum after a voice mail
subscriber terminates a call, so that the second performance condition
now reads: \"(2) makes an off-hook stutter dial tone check no more than
once after a subscriber completes a call, and complete the check no
earlier than 4 seconds after the subscriber hangs-up.\"[^9] We also
applied the same logic to the third performance condition and eliminated
the four-minute maximum following the termination of a subscriber\'s
call, so that it now reads: \"(3) makes an off-hook stutter dial tone
check after an unanswered incoming call no more than once.\"[^10] We
denied the rest of VoiceWaives and SBC\'s Petitions.[^11] Finally, we
ordered that all parties already in receipt of stutter dialtone waivers
issued pursuant to the *Alameda Order* are not required to file a new
Part 68 Registration for equipment covered by those waivers as a
consequence of the *Reconsideration Order*.[^12]

5\. The Commission may waive any provision of its rules if good cause
for a waiver is shown.[^13] Under the relevant case law, the applicant
has the burden showing good cause for a waiver: \"\[a\]n applicant \[for
a waiver\] faces a high hurdle even at the starting gate.\"[^14]
Nevertheless, an agency must take a \"hard look\" at applications for
waiver[^15] and must consider all relevant factors.[^16] An agency must
adhere strictly to its rules unless a party can show \"reasons why in
the public interest the rule should be waived.\"[^17] Finally, \"\[t\]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.\"[^18]

6\. We stated in the *Alameda Order* that the introduction of innovative
customer premises equipment that increases choice for consumers and
improves the value to the customer of a particular service serves the
public interest.[^19] The Petitioners have certified that their devices
will conform to the eight conditions specified in the *Alameda Order*,
and we conclude the devices for which Petitioners seek waiver are
similar to the devices manufactured by the parties granted waivers in
the *Alameda Order.* Thus, we conclude, for the same reasons that were
contained in the *Alameda Order*, that Petitioners have shown good cause
for granting the requested waiver. Because Petitioners have certified
that the devices they have designed using stutter dial tone detection
will conform to the conditions specified in that order, we conclude that
the devices should be submitted for Part 68 conformance testing to prove
that they will pose no harm to the PSTN.

**ORDERING CLAUSES**

7\. Accordingly, IT IS ORDERED, pursuant to authority delegated in
Sections 0.91 and 0.291 of the Commission\'s rules, 47 C.F.R. §§ 0.91,
0.291, and Section 1.3 of the Commission\'s Rules, 47 C.F.R. § 1.3, that
the requests for waiver of Section 68.312(i) of the rules, 47 C.F.R. §
68.312(i), by Nor Pac Group, Inc., RadioShack, CIDCO Incorporated, and
UNICO Pacific Group ARE GRANTED to the extent stated herein.

8\. IT IS FURTHER ORDERED that the petitions for waiver ARE GRANTED
SUBJECT TO THE FOLLOWING CONDITIONS: that the stutter dial tone
detection devices (1) perform no periodic testing for stutter dial tone;
(2) make an off-hook stutter dial tone check no more than once after a
subscriber terminates a call, and complete the check no earlier than 4
seconds after the subscriber hangs up; (3) make an off-hook stutter dial
tone check after an unanswered incoming call no more than once; (4)
perform no off-hook stutter dial tone checks after an unanswered
incoming call if the visual message indicator is already lit; (5) take
the line off-hook for no more than 2.1 seconds per stutter dial tone
check; (6) synchronize off-hook checks when multiple stutter dial tone
detection and visual signalling devices are attached to the same line so
that only one check is made per calling event for a single line; (7) do
not block dial tone to a subscriber attempting to initiate a call as an
off-hook stutter dial tone detection check is occurring; and (8) do not
use more than 8 micro-amps of direct current (DC) from subscriber line
loop, except that the devices may draw loop DC sufficient to make
authorized off-hook checks.

FEDERAL COMMUNICATIONS COMMISSION

Kurt A. Schroeder

Deputy Chief, Network Services Division

#########  Common Carrier Bureau

[^1]: ^    ?^ Letter from David R. Weimer, Nor Pac Group, Inc. to David
    O. Ward, FCC (received September 9, 1999) (requests waiver for its
    cordless telephones which include circuitry to detect stutter dial
    tone, Models NP 915L, NP 925 and NP 925NL to be marketed under
    various brand names); letter from Dwayne Campbell, RadioShack, to
    David O. Ward, FCC (received December 3, 1999) (requests waiver for
    its telephone/caller ID device, Model 43-2101(XX)); letter from Ian
    Laing, CIDCO Incorporated, to David O. Ward, FCC (received December
    22, 1999) (requests waiver for its cordless telephone which includes
    circuitry to detect stutter dial tone, Model CL930, to be marketed
    under various brand names); and letter from David R. Weimer, UNICO
    Pacific Group (formerly Nor Pac Group), to David O. Ward, FCC
    (received December 22, 1999) (requests waiver for its cordless
    telephones which include circuitry to detect stutter dial tone,
    Models UP 911 and UP 921, to be marketed under various brand names).

[^2]: ^    ?^ 47 C.F.R. § 68.2.

[^3]: ^    ?^ *See* FCC Form 730, Application Guide, Revision C - 273
    (March 1997).

[^4]: ^    ?^ Part 68 Waiver Request of Alameda Engineering, Inc.,
    *Order,* 10 FCC Rcd 12135 (Com. Car. Bur. 1995) (*Alameda Order*).

[^5]: ^    ?^ Stutter dial tone detection devices must: (1) perform no
    periodic testing for stutter dial tone; (2) make an off-hook stutter
    dial tone check no more than once after a subscriber completes a
    call, and complete the check no earlier than 4 seconds and no later
    than 30 seconds after the subscriber hangs-up; (3) make an off-hook
    stutter dial tone check after an unanswered call no more than once
    and do so within 4 minutes after the call; (4) perform no off-hook
    stutter dial tone checks after an unanswered incoming call if the
    visual message indicator is already lit; (5) take the line off-hook
    for no more than 2.1 seconds per stutter dial tone check; (6)
    synchronize off-hook checks when multiple stutter dial tone
    detection and visual signalling devices are attached to the same
    line so that only one check is made per calling event for a single
    line; (7) not block dial tone to a subscriber attempting to initiate
    a call as an off-hook stutter dial tone detection check is
    occurring; and (8) not use more than 8 micro-amps of direct current
    (DC) from subscriber line loop, except that the devices may draw
    loop DC sufficient to make authorized off-hook checks. *Id.* at
    12141.

[^6]: ^    ?^ *Id*. at 12141 n.73.

[^7]: ^    ?^ Part 68 Waiver Requests of ConsumerWare, Inc., Fans
    Telecom, Inc., Marstech Limited, and Viking Electronics, Inc.,
    *Order*, 11 FCC Rcd 3040 (Com. Car. Bur. 1996); Part 68 Waiver
    Request of Practical Telephony Corporation, *Order*, 11 FCC Rcd 5365
    (Com. Car. Bur. 1996); Part 68 Waiver Requests of SNI Innovation and
    Xinex Networks, *Order*, 11 FCC Rcd 13824 (Com. Car. Bur. 1996);
    Part 68 Waiver Requests of Big Island Communications, Inc., Maxon
    America Inc., Mitel Corporation, Morco Enterprises, SoloPoint, Inc.,
    and TT Systems Corporation, *Order*, 12 FCC Rcd 950 (Com. Car. Bur.
    1997); Part 68 Waiver Request of Northern Telecom, *Order*, 12 FCC
    Rcd 1831 (Com. Car. Bur. 1997); Part 68 Waiver Request of
    Ameriphone, Inc., *Order*, 12 FCC Rcd 4941 (Com. Car. Bur. 1997);
    Part 68 Waiver Request of Lucent Technologies, Inc., *Order*, 12 FCC
    Rcd 6015 (Com. Car. Bur. 1997); Part 68 Waiver Request of Casio
    Phonemate, Inc., *Order*, 13 FCC Rcd 7864 (Com. Car. Bur. 1998);
    Part 68 Waiver Request of Aastra Technologies, Inc., Cybiotronics,
    Ltd., Matsushita Electric Corp. of America, and Northern Telecom,
    Inc., *Order*, 13 FCC Rcd 9053 (Com. Car. Bur. 1998); Part 68 Waiver
    Request of Ampac Telecom, Inc., Northern Telecom, Inc., and Unical
    Enterprises, Inc., *Order,* 13 FCC Rcd 2912 (Com. Car. Bur. 1998),
    Part 68 Waiver Request of InteliData Technologies Corporation and
    Thomson Consumer Electronics, Inc., *Order,* 13 FCC Rcd 10940 (Com.
    Car. Bur. 1998); Part 68 Waiver Request of Ampac Telecom, Inc.,
    Northern Telecom, Thomson Consumer Electronics, Inc., and Tottori
    Sanyo Electric Co., Ltd., *Order*, 13 FCC Rcd 16830 (Com. Car. Bur.
    1998); Part 68 Waiver Request of Thomson Consumer Electronics, Inc.,
    *Order*, 13 FCC Rcd 19611 (Com. Car. Bur. 1998); Part 68 Waiver
    Request of Home Wireless Networks, Inc., Matsushita Electric Corp.
    of America, Nor Pac Group, Thomson Consumer Electronics, Inc., and
    Tottori Sanyo Electric Co., Ltd., *Order*, 14 FCC Rcd 980 (Com. Car.
    Bur. 1999); Part 68 Waiver Request of Cybiotronics, Ltd., Integrated
    Display Technologies, Ltd., Nortel Networks, RadioShack, Sprint
    Products Group, Inc, and Thomson Consumer Electronics, Inc.,
    *Order*, 14 FCC Rcd 2992 (Com. Car. Bur. 1999); Part 68 Waiver
    Request of Cybiotronics, Ltd., Matsushita Electric Corporation of
    America, Nor Pac Group, Inc., RadioShack, Thompson Consumer
    Electronics, Inc., VTECH Communications Ltd. and VTECH Engineering
    Canada, Ltd., *Order*, 14 FCC Rcd 8269 (Com. Car. Bur. 1999); Part
    68 Waiver Requests of Long Well Electronics Corp., Matsushita
    Electric Corporation of America, Nortel Networks, Uniden Engineering
    Services, and VTECH Communications Limited, *Order*, DA 99-1489
    (Com. Car. Bur. July 29, 1999); Part 68 Waiver Requests of Long Well
    Electronics Corp., Nortel Networks, Sony Electronics, Inc., Thomson
    Consumer Electronics, and Uniden Engineering Services, *Order*, DA
    99-2173 (Com. Car. Bur. October 14, 1999); and Part 68 Waiver
    Request of Long Well Electronics Corp., Nor Pac Group, Inc., Thomson
    Consumer Electronics, and Uniden Engineering Services, *Order*, DA
    99-2316 (Com. Car. Bur. October 27, 1999).

[^8]: ^    ?^ Part 68 Waiver Request of Alameda Engineering, et al.,
    *Order on Reconsideration,* NSD-L-98-154, DA 99-1542 (rel. August 9,
    1999).

[^9]: ^    ?^ *Id.* at ¶ 22.

[^10]: ^    ?^ *Id.* at ¶ 23.

[^11]: ^    ?^ *Id.* at ¶ 2.

[^12]: ^    ?^ *Id.* at ¶ 24.

[^13]: ^    ?^ 47 C.F.R. § 1.3.

[^14]: ^    ?^ *WAIT Radio v. FCC,* 418 F.2d 1153, 1157 (D.C. Cir.
    1969).

[^15]: ^    ?^ *Id.*

[^16]: ^    ?^ *Citizens to Preserve Overton Park, Inc. v. Volpe,* 401
    U.S. 402, 416 (1971).

[^17]: ^    ?^ *FPC v. Texaco Inc*., 377 U.S. 33, 39 (1964).

[^18]: ^    ?^ *Northeast Cellular Telephone Company, L.P. v. FCC*, 897
    F.2d 1164, 1166 (D.C. Cir. 1990).

[^19]: ^    ?^ *Alameda Order,* 10 FCC Rcd at 12139.